you don't mind if i go a little off script. no, but think. they raided mar-a-lago. but the cartels, they have their own mar-a-lago's and those are fine, leave them

mar-a-lago. a new exclusive report in the wall street journal suggested to people in the inner circle are talking to the fbi about moving government files in and out of mar-a-lago. msnbc news has reached out all parties for comment. we have not yet heard back from donald trump but we will talk to the lead writer on this exclusive report in just a few minutes. another big development, the justice department released yesterday that a federal appeals court to throw out trump's lawsuit. challenging the fbi's seizure of the documents. and to vacate the appointment of a special master in the case. in the january six investigation, new video obtained by msnbc news shows, the urgency behind the scenes. this from lawmakers on both sides of the aisle as they were taking shelter at a secure location while pleading for security reinforcements. . >> we are. july don't clear >> this cannot be we were waiting for someone. so we need them there right now >> and with 24 days until the midterms georgia senate cand

so, you don't even need to send a spy to mar-a-lago.sage to him, hey, i'll pay you a billion dollars in a swiss bank account if you give us nuclear information on iran or on china or whatever else you have hidden stashed somewhere. we'll pay you for it. i mean, that's the problem. every day that he is free, he's running rampant and he's a danger to our democracy. >> i hear you, michael. and i'm definitely not going to defend donald trump on this. i agree with you about the motivations and so on. but i do think law enforcement has any number of means available to it to make sure that trump right now isn't an active threat. so, i don't worry about the harm now. i do worry about what he has done and what he will do in the future. but in terms of the selling of these secrets right now, that's something at least that doesn't concern me. >> neal, let me ask you about the other huge headline today, a subpoena invoking the history of ex-presidents testifying before congress. michael is a firm no, donald trump will not show up. i think the showm

house to mar-a-lago. there's a very specific line and i think that it >> -- . >> what about the new york times and the washington post which are now reporting that name of the other witness being walt nowata. he's a navy veteran, former white house valet. he told fbi agents that he moved boxes. this upon donald trump's direction. moved boxes at mar-a-lago before agents searched the property. and in fact surveillance video showed him doing just that. so how damaging could this be to the trump team's claims of compliance with the doj? >> i think it can be extremely damaging. donald trump is someone who right now is playing wheel of fortune with this investigation. he is being investigated a number of sides. however, is important understand that this investigation and what we are seeing going on with the investigative reporting that is coming out is most likely the most direct line that we have seen thus far between donald trump and clear commission of requirement. i'm talking about obstruction of justice. t

around mar-a-lago. or, that trump had at the very least known that those documents were not where they were supposed to be. that was, of, course in the hands of the national archives. to that, and it's soon emerged in the justice department of court filings that the reason that the department had felt the need to take the unprecedented step of searching a probe former president's home, was because the doj believed it did documents were being hidden and moved after they had subpoenaed trump to hand them over. they believed this, in part, because the department had also subpoenaed surveillance camera footage from mar-a-lago, and on that footage they saw boxes being moved in and out of the storage room where these sensitive documents were ostensively kept. the question always remained, why were they being moved? specifically, who is directing this movement, this swirling away of these documents? after the justice department literally subpoenaed them. tonight, we have brand-new reporting from the washington

among that the mar-a-lago broke open. we have been talking about, this is sort of turned everyone in that direction. they have trouble getting going again. there was the chance to regain the spotlight and try to move it with some extent. their case with donald trump, we still don't know if they're going to succeed it's looking like more and more difficulty. we know for sure whether that's gonna happen. we don't know if there will be other hearings after this one. we also still don't know if they're going to try to pursue to kevin mccarthy and january six of other decisions to make for the big ones. symbolically, it's whether to formally recommend the charges. >> i realize there is framing in the last question that the idea that the work the committee is for the american public. that is for one audience member that they're looking for. the other of course is garland, what are your thoughts on what it is there going to be doing as they try to communicate to him? we are now months out for midterms, how much are we gonna be h

this is mar-a-lago case.list and has publicly defended the former president every chance, even hague this claim about some of the documents that were found at trump's florida residence. >> december and january on the way out, i witnessed him declassify whole sets of documents. >> we broke the story. kaitlan, i guess i should take a step back and say a lot of people may not realize there's a mar-a-lago grand jury going on and this is becoming more expense. what do you know? >> there's lots of grand jury activity. so last week a reporting team at the federal courthouse in washington, d.c., we noticed kash patel there. he was there all morning at the courthouse and he was -- we can confirm now -- speaking to a grand jury under a subpoena demanding information to part of the mar-a-lago information. this is mar-a-lago information, obstruction of justice, mishandling of federal records potentially. what this shows is that the justice department is still looking at witnesses and potentially criminal charges in this

donald trump's mar-a-lago document scandal. in august, when the fbi executed a search warrant at trump's beach club, they found over 100 classified documents and 11,000 other documents stashed all over the place. when justice department officials visited a couple months before. a trump lawyer told them all documents trump carted down from the white house were kept in a basement storm room. and that was bad enough given the storage room was beneath a public area of mar-a-lago and the sensitive documents were protected by nothing but a locked closet door. but when the fbi searched the club later, they found several batches of documents in trump's personal office, including three classified documents stuffed in trump's desk. now when that news broke, outside legal analysts thought it was meaningful that documents had been found in trump's private quarters because it suggested he, donald trump, might have somehow been involved in the placement, the squirrelling away of those documents around mar-a-lago or that trump had at the very

the doj is trying to get a hold of the non classified records that were seized at mar-a-lago. with that, let's get this evening started with the help of our lead off panel. john allen, senior national politics reporter for nbc news, barbara mcquade, veteran by the prosecutor, and former u.s. attorney for the eastern district of michigan, charlie savage. washington correspondent for the new york times and author of power wars, the relentless rise of presidential authority and secrecy. madonna mcquade, i turn to you first. the doj already has the classified documents. why are these non classified one so important? >> they filed this brief today saying they want to extradite the appeal. we have sort of lost track of this appeal because they filed that motion for the state on these classified documents, as you mentioned, and they got those back. those are the ones that are most sensitive. they have the most urgency in doing this intelligence risk assessment. but all these other documents according to the document are also presidential records of the long to the government. all thi

he reversed course, went down to mar-a-lago, kissed trump's ass. and now we're seeing, you know, a very different approach to what january 6th was for him and the rest of the republican party. >> well, yeah, the polling on this is shocking. republicans on whole are more prone to believe january 6 was a legitimate today than they were previously. >> and that said, it's a combination you've got fox news pumping propaganda out, downplaying, you know, the reality of that day. and then you also have elected representatives in congress and other political positions going back to their constituents and telling them things like andrew collide saying it was a porous day. and the senator from -- >> ron johnson. >> ron johnson saying he keeps debating in the debate what an armed insurrection is. well, i hate to tell you, ron johnson, there were firearms there, there were guns there. it's a fact. you have to get over the fact this is an armed insurrection in whatever sense you describe it as, but there were guns, period. >> says someone on the front lines. we

the doj is trying to get a hold of the non classified records that were seized at mar-a-lago. with that, let's get this evening started with the help of our lead off panel. john allen, senior national politics reporter for nbc news, barbara mcquade, veteran by the prosecutor, and former u. s. attorney for the eastern district of michigan, charlie savage. washington correspondent for the new york times and author of power wars, the relentless rise of presidential authority and secrecy. madam mcquade, i turn to you first. the doj already has the classified documents. why are these non classified one so important? >> they filed this brief today saying they want to extradite the appeal. we have sort of lost track of this appeal because they filed that motion for the state on these classified documents, as you mentioned, and they got those back. those are the ones that are most sensitive. they have the most urgency in doing this intelligence risk assessment. but all these other documents according to the document are also presidential records of the long to the government. all this

team and trump at mar-a-lago, that he ordered a staffer to move documents that did not belong to him out of the basement of mar-a-lago out of the storage room and to his private residence. that's important. that's an example of intent. that's an example of what he knew and when he knew it. so what i'm looking for today in the hearing is similar. it's intent. as ali said, can the committee connect what happened that awful day of january 6th, the events leading up to it and the events after it, with what mr. trump understood, wanted, intended. that's the key. and whether or not the public is listening and whether or not the public is influenced by this. this is really important to prosecutors and fbi agents. >> and peter, talking about what chuck was just mentioning, turning to the mar-a-lago investigation, when you look at last night's report about moving boxes and the president telling people to move boxes, is this something that is going to further damage trump's legal situation? >> when you learn people who have been working for you have been talking to the fbi and there's security

had boxes in storage at mar-a-lago. those boxes contained government documents, including classified documents that belonged to the government. and he was never going to return those documents to the government, he was going to continue to commit that crime of illegal possession of those documents every day for the rest of his life, because in his words, it is mine. these are the kinds of public comments that amount to nothing less than donald trump's, in effect, taunting of the attorney general merrick garland to indict him. is publicly daring the attorney general to indict him. he is mocking the very existence of the law that he's so clearly violated. donald trump is pretending that the law does not exist. donald trump says it is not a crime. what does that do? the justice department, the attorney generals, their resolve, to live by the words of merrick garland has said repeatedly since this case began, no one is above the law. nbc news broke the news that on friday, one of the trump lawyers met with federal investiga

by 8 foot portrait of trump that he received as a gift down to mar-a-lago.ll not do that. that that is a gift. and talks about the rules of the national archives, what goes there. and says that's personal property so it doesn't fall in the same category but interestingly, none of those documents ever come up. john, i do want to note, we cannot confirm any of the documents that were in those boxes were what was recovered by the fbi or turned over to the archives, but all of this happening at the same time. >> thank you for that reporting. let's bring former state prosecutor ellie honig into the conversation. our reporter is here as well. elie, we don't know if the documents were these, and trump and his allies saying the gsa packed the boxes, the gsa did this. but then you have the visual proof that no, these were actually packed up by the trump transition aides. it's a boring email but very important when you talk about who did what, right? >> yeah, john, it's crucial because it goes to the heart of knowledge. this is something that prosecutors are looking a

in mar-a-lago back in august. the justice department is saying that the judge had abused her discretion, they're quoting and say exactly from a previous ruling from the court of appeals in atlanta, and pointing out that not only does donald trump have no reason to have a special master appointed, he's not even asserted a claim of personal attorney-client privilege. i'm read you a part of this court filing. it says the plaintiff has not asserted a claim of personal attorney-client privilege that would justify the district court's order. he has no plausible claim of such a privilege with respect to records that are bearing classification markings or any other government documents related to his official duties. they're pointing out that the judge in this case, aileen cannon, overstepped her jurisdiction here by appointing a special master. now, we don't know where this will end up. we know the appeals court has set forth a timeline, wolf, for the former president's legal team to come back. they have a response in no

coming and raiding mar-a-lago.illary clinton emails that were deleted, but they are around someplace? were they looking for the spying? >> wait, wait. you're not saying you had it, did you? >> no, no. they may be saying-- they may have thought that it was in there. >> stephen: i'm sorry. what? that's so crazy, he confused sean hannity. and sean comes pre-confused. at this point, he's just throwing out magnetic conspiracy theories at the refrigerator to see what they spell out. "maybe they were looking in my basement for the sasquatch who shot j.f.k. with hunter biden's laptop, with his partner the chupacabra who hung jeffrey epstein with barack obama's long-form birth certificate. chemtrails." then, then-- ( applause ) the mar-a-lago investigation isn't the only legal trouble for the ex-president. yesterday, the new york attorney general, letitia james, held a press conference to announce a massive lawsuit against the ex-president's business. ( cheers and applause ) for repeatedly lying about the value of his asset

he went down to mar-a-lago. kissed trumps as. and no, we're seeing a very different approach to what january 6th was to him and the rest of the republican party. >> republicans on the whole are more likely to believe generally six was a legitimate protest today than they wear. >> that's a combination of, you've got fox news pumping propaganda out, downplaying the, you know, the reality of that day. and then you also have elected representatives in congress and other political positions going back to their constituents and telling them things like andrew clyde saying it was a taurus day. i forget his name from wisconsin, the senator their -- >> ron johnson. >> ron johnson saying that he keeps debating in this -- one arm insurrection is. well, there were guns there. there were firearms there. you're gonna have to get over it and accept the fact that this was an armed insurrection and whatever since you described it as. but there are guns. period. >> says someone on the frontlines. we know that there are. and certainly, and you broa

decide the mar-a-lago documents.ust find that pretty stunning, when you look at the improving ratings of the supreme court in broad terms, their approval ratings, gentlemen, is the lowest they've been since they began tracking 40%, since 2000. nick, is that not stun you a little bit to think that she is one of the people, and it doesn't bode well for confidence in the supreme court, does it? >> of course not. the idea that she was actually involved in talking to legislators in key states trying to get them to switch the vote to donald trump -- >> and still believes the election was stolen. >> and still believes that -- >> but your point is a good one, which is should justice thomas be ruling on any issue related to this case or any cases involving donald trump, given that? or is the argument that she is an independent person, she is a spouse, that should not be held on his account. >> look, she is not on the supreme court. clarence thomas is on the supreme court. there's never been one whisper of impropriety on behal

trump they wanted shipped to mar-a-lago. said they wouldn't do it because it was personal property. >> good reporting, thank you very much. >>> let's deep digger. the former federal prosecutor and cnn legal analyst, elliot williams are joining us. former president trump actually spoke about the documents he took with him to mar-a-lago at a rally last night. listen to this. >> i had a small number of boxes in storage at mar-a-lago guarded by secret service and my people and everybody. i mean, it's safe. there is no crime, there is no crime. it's not a crime. and they should give me immediately back everything that they've taken from me because it's mine, it's mine. >> so when you listen to that, does it make the attempt to blame that government agency look even more absurd? >> it does, wolf. that is what prosecutors would call a confession for a crime, and the mere fact that you think it's not a crime doesn't change that fact. look, wolf, i can burn your house down and if i burn your house down and say, you know what, i didn'

we also have stunning new developments in the mar-a-lago document investigation.the washington post" reports that several of the classified documents recovered during an fbi search at mar-a-lago included, quote, highly sensitive intelligence regarding iran and china. "the post-"sources say at least one document contained information about iran's missile program. refreshing the fbi seized nearly 22,000 pages while conducting a search warrant in august, including more than 100 with classified markings. cnn's sara murray starts us off this hour with a look at rising stakes for the former president along multiple legal fronts. >> we are obligated to seek answers directly from the man who set this all in motion. >> reporter: that man donald trump now issued a formal subpoena from the house select committee investigating the deadly attack on the u.s. capitol. looking -- >> both for his testimony under oath as well as for documents. >> the committee writing in short you were at the center of the first and the only effort by any u.s. president to overturn an election and

there are not just a few dock with schedule run mar-a-lago, but thousands of documents left. then, trump's lawyer, responded that i can't or won't do that. the only reason a lawyer would do that it's cooler knows it is not true. lawyers cannot lie to investigators to court. so that point, donald trump certainly knows that his lawyer believes it is a false statement. it really is important prosecutors want take a close look at. >> we have a similar conversation, i believe it is last week, we are talking of the story will silent for donald trump. and i said maybe they did not have a rational argument to come up with. they say we can all stop with something. is that we're seeing playing out here once again? a similar thing. >> it is more of the same, that. this is a waving red flag. anytime donald trump says they publicly want to argue something in court. and his lawyers say, no can do. the reason is, yes, as we discussed. lawyers had very broad latitude in the kind of think that their last. arguably our duty, as a lawyer to argue vigorously or your client. however, you cannot l

>> he is right that it is a simpler case the mar-a-lago case is a simpler one to prove. that said, when we do hear from the january 6th committee, and they do finally make a decision about whether to make a criminal referral, they have a team of their committee members and top lawyers working on it and i do think, if they reach the decision and make a criminal referral, they will lay out very clearly the criminal statutes that they believe donald trump has violated. and basically, hand that over on a silver platter to the justice department with all of the evidence that they have accumulated. so, while the mar-a-lago case may be easier to prove, i don't think it is necessarily the only avenue here. that said, you know, i am not anywhere near convinced merrick garland is anywhere close to charging donald trump. all of our reporting has not indicated that he is about to pull the trigger on any charges. so, you know, that is one analysis. but i am not sure he is actually anywhere near that. >> glenn, what do you think, not should garland indict, do you think he will do it?

please stay with me, in just a moment we will discuss don trump's latest remarks about the mar-a-lago probe. repeating one of the most scurrilous accusations about the search and i become member could be headed for a surprise loss. my reaction ahead. reaction ahead. >> customer: and they recycled my old glass. >> tech: don't wait. schedule today. >> singers: ♪ safelite repair, safelite replace. ♪ ♪♪ here goes nothing. hey greg. um...hello? it's me, your heart! really? yes! recording an ekg in 30 seconds. tada! wow that was fast! good news, pal. i'm not detecting any of the six most common arrhythmias. what next? let's get some fresh air. been cooped up for too long. yeah... ♪♪ get kardia mobile card at kardia.com or amazon. it's the subway series menu. 12 irresistible subs. the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! hi, i'm jason and i've lost 202 pounds on golo. being a veteran, the transition from the military into civilian life causes a lot of stress. i ate a lot for stress. golo and release has helped me with managing that stress and allowing

that was bad enough, given that the storm was beneath a public area of mar-a-lago, and the sensitive documents were protected by nothing but a locked closet door. when the fbi searched the puck later in the summer, they found several batches of documents in trump's personal office, including three personal documents stuffed in trump's desk. when that news broke, outside legal analysts thought that was meaningful the documents have been found in trump's private quarters, because it suggested that he, donald trump, might have somehow been involved in the placement. the squirreling away of those documents. or, that trump had at the very least known that those documents were not where they were supposed to be. that was, of, course in the hands of the national archives. to that, and it's serna merged in the justice department of court filings that the reason that the department had felt the need to take the unprecedented step of searching a probe former president's home, was because the doj believed it did documents were being hidden and moved after they had subpoenaed trump to hint them

do you have a sense of the panic inside mar-a-lago? >> panic? quite the opposite, stephen.g a rocking party here where the theme is nervously pacing and muttering, i can't go to jail. >> stephen: sounds fun but shouldn't he be a little worried? how will he possibly defend himself when he got caught red handed with classified documents stored in a completely unprotected snvironment. >> don't get hysterical, stephen. those documents were fortified behind a state-of-the-art ultra secure door nobody. and even if guests located the nobody, how would they know which way to turn it. >> stephen: now with august these problems mounting, do you think the former president can make a run in 20241234 it seems like he has competition there in florida from governor ron desantis. >> oh my god, don't make me pick between trump and desantis. why can't we have two presidents? we had two bachelorettes. yes, i watched gabby and rachel's entire journey t was on tv at the gym. i swear. out, son of a bitch, tyler, did you just get hit in the head with a croquet ball? >> hello. >> stephen: tyler, a

that were seized at mar-a-lago.shington post" national investigative reporter and msnbc contributor carol len nick and former u.s. attorney and msnbc legal analyst joyce vance. we have skepticism about jumping on this because it's exactly how donald trump seeks to change the narrative about all the losing happening in the 11th circuit. let's deal with the legal aspects before we deal with the narrative play that trump is clearly making. where does this go? to clarence thomas, as i understand, right? >> clarence thomas is possibly the controlling senior justice in a case like this, but i have to say that the emergency appeal that donald trump is making is fairly technical and unusual in the sense that he makes the argument that the circuit over this court in florida, the federal judge, judge cannon, that the ap peoples court didn't have jurisdiction to overrule her. if she didn't have jurisdiction -- if the appeals court didn't have jurisdiction over a court in its district, i am confused. i'm curious to hear what jo

new search of mar-a-lago. cnn's sara murray joins us now with that story. what have we learned about this? >> sources have told us that there is a consideration on the table to allow federal investigators to return for some kind of supervised search. you can imagine trump's lawyers would also be present for something like that. the justice department has insisted in private discussion as well as publicly in court filings that they believe that the former president still has government documents, even after the subpoena he was given, even after the august search of mar-a-lago. this would be a potential way to satisfy the government's demands. there are people around former president trump who don't believe he has any additional documents, but the justice department has been very insistent that they believe there are still documents out there and that potentially trump and his team could have run afoul of this may's subpoena, which could potentially put him in legal jeopardy. i want to stress this is an option o

mar-a-lago documents investigation. >>> the battle over the mar-a-lago documents. reports that an aide to former president trump told federal investigators that trump requested the documents be moved after he received a subpoena. the transfer caught on surveillance tape as the january 6th committee prepares to deliver what is essentially its closing argument focusing on trump's state of mind around the january 6th insurrection. >>> in the line of duty. a new report details the death of navy s.e.a.l. candidate kyle mullen at the end of hell week. did he get the medical care he needed? we hear from his mother this morning. >>> abc news exclusive. the two americans captured while fighting russian forces in ukraine back home and telling their story. >> how unbearable was it? >> we prayed for death. we just wanted to die. we just wanted it to end. >> taken behind enemy lines enduring the entire situation and torture. how they helped each other survive as we learn of an american fighter fighting for ukraine's freedom. >>> hav

it turns out, there was still thousand more documents at mar-a-lago.that, and then, if that is the case, what does that mean? >> this is crucial evidence of donald trump's knowledge and intent. and these are key things that prosecutors look for. let's play this out. donald trump says to his lawyer, hey, i want you to tell the archives that we have now returned everything to them. this is after they returned that initial batch of 15 or so boxes. that is false. we know that's false. we know there were not just a few documents scattered around mar-a-lago, but thousands of documents left. and then, trump's lawyer responds by saying, i can't or i won't do that. now, the only reason a lawyer would say that is because the lawyer knows their respects. it's not true. lawyers cannot lie to investigators. so, at that point, donald trump certainly knows that his lawyer believes, this is a false statement. so, to me, this is important evidence that prosecutors ought to take a closer look at. >> we had a similar conversation, i believe, it was last week, when we tal

those documents seized from mar-a-lago. what impact could that have on the criminal investigation? should trump be worried about this? >> well, trump's core game is delay. we know this. this is one of the reasons he has been throwing the spaghetti at the wall to see what sticks with regard to seeing how far out he can get this and whether he can potentially delayer for president after the midterm elections and claim a special victimhood. any acceleration is not what he wants. but he is willing to throw the coyotes as long as he can, obviously, up to the supreme court. what's more revealing and we will get to this, some of the lies that trump and his allies have been saying about how the boxes ended up at mar-a-lago. bloomberg reporting showing that's not consistent with the truth. i know, shocker. >> shocker. jennifer, spell this out for us, if you will. t if the doj gets its way, would that make trump's request to the supreme court over that's classified documents moot? >> no. his doj is, they are appealing the merits deci

move boxes of documents at his mar-a-lago residence. this after trump's legal team received a subpoena for classified documents. this is new reporting that gets to the center in some ways of this investigation. >> reporter: absolutely. this comes from pamela brown and according to a source speaking with pam, a person did tell the fbi that donald trump had given the instruction to move boxes out of a basement storage room at mar-a-lago and into the residence. this was after the spring whenever a subpoena came in saying that the documents needed to go back to the federal government. so also important when they're hearing this. but the other thing about this is how the fbi heard this. according to pamela's reporting, this person initially did speak to the fbi and denied handling boxes. then the fbi was able to get footage out of mar-a-lago showing on surveillance tape that boxes were moved and then changed their story. john? >> you can see where the videotape evidence plays into this. how much does it matter that apparently this request by

from mar-a-lago. but they subsequently had a witness come and testify. interestingly, that witness initially lied and then after being re-approached by the fbi, came clean to indicate that donald trump intentionally intended to move documents in order to conceal them from the department of justice and failed to comply with the subpoena. that is why we have the bases not only of being in possession of information relevant to the national defense, but also the potential crime of obstruction of justice because he is knowingly and intentionally trying to subvert a grand jury subpoena. so we have a little bit more color now on what led the department of justice to get that search warrant, that ultimately yielded what the washington post reports to be 103 classified documents. this is getting worse and worse for donald trump, as you pointed out, lawrence. all of the information coming out is harmful to him and is helpful to the department of justice's case. as you also pointed, out the more he talks, the wo

the documents, and so we've moved on. >> known as mar-a-lago. >> known as mar-a-lago. but to your -- to your larger point the thing i've always said about donald trump. scott and i disagree on some things, but democracy relies on a common sort of sense that there are rules and laws and norms and institutions that we all can rely on and that we all should believe in and that we should support and strengthen, challenge when they're wrong or challenge when they're flawed. but that's so fundamental to democracy. the thing about january 6th it reflected the fact we've seen again and again with trump, that he doesn't believe in rules and laws and norms and institutions. and he is someone who has ripped them down to suit his own purposes. and it goes back -- i get your connection to the court because if people lose faith in all the institutions of our democracy, we are in -- we are in a bad place. but it also relies on the people who we entrust in those positions to act in good faith and have their own high regard for those institutions. so he did not and we paid a big price

documents in the probe down at mar-a-lago. we are told by sources yesterday that the former president's team has contemplated even allowing members of the justice dep, federal vef investigators to return to mar-a-lago for a supervised search that would involve trump's attorneys accompanying them throughout the property as to verify whether or not there were additional documents in the former president trump's possession at his florida resident. this is one possible topic on the table being discussed by trump's attorneys. there have been no firm decisions made but we are told there has been a notable shift in trump's strategy with this probe in particular. they had begun this adversarial toward the justice department, not wanting to cooperate. trump had said behind the scenes anz publicly that he felt these documents were his personal property and hg that the fbi search that took place in august at mar-a-lago was a sham. but now they're looking for an out. they're looking for a way to cooperate to swiftly resolve this issue as

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hand for mar-a-lago, and i think it will focus on his strongest case, but that's a close call. mar-a-lago might be easiest to prove because now we have three kinds of evidence that trump committed obstruction of justice, violated the espionage act. we have a least one eyewitness to will say that trump directed him to move documents. we have the video surveillance footage of mar-a-lago of documents being moved. and we have the search warrant that found classified materials mixed with trump's own personal items. but whether trump is prosecuted for national security may depend on the questions we still don't know the answers to, like what did trump do with his top secret information. what was he planning to do with it? january six, we don't have to speculate there about the damage done. we know that at least five people died because of the insurrection, and many more people were injured. as you pointed out, more than 800 people have been prosecuted but nobody at the top ali which i think put some pressure on the apartment of justice to go after the big fish, including the former p

it's not necessarily at mar-a-lago. remember, the search warrant was executed because probable cause was warranted because of sources that, there was stuff at mar-a-lago. now the other question is where else could it be? that's gonna require sourcing and vetting for another search warrant. there will be other legal options the doj might try first. chuck would be an expert on but they can actually get a court to intervene, please ask trump to get this back. secondly, they could go to trump and say make a statement that says you've returned everything. now they've got him in a legal document. and lastly, if they ever developed probable cause, they can search start searching other locations. >> chuckle give you a chance to respond to that. tonight some legal experts are speculating that that report may indicated the justice department is close to an indictment. are you ready to go there based on what you heard from there from frank with the questions that may be swirling around doj officials this evening? >> following fran

him later personally in mar-a-lago. president's private residence in florida. prosecutors have indicated they're skeptical of an initial account he gave investigators. that's according to two people briefed on the matter. and here is what prosecutors hope to learn from nauta from the timers reporting, quote, security camera footage obtained by investigators showed mr. nauta moving boxes out of the storage area at mar-a-lago. raising the questions about whether they were moved at trump's behest, to conceal them from the authorities. or trump's own lawyers who were dealing with demands that he return the documents. both the justice department and the attorney for walt nauta declined to comment on this reporting by "the new york times." prosecutors putting a squeeze on a key trump aide is where we begin with some of our favorite reporters and friends. "the new york times" washington correspondent mike schmidt is here. his byline from the story we read from. andrew wiseman, former prosecutor and senior member of robert muel

i mean, after all, trump's mar-a-lago dock garments pursuant to a federal warrant. and the federal judge signed off saying there is probable cause to relieve that evidence of mar-a-lago. where their crimes are committed. i think this is -- i think we should cause trump somewhere is this. it's one thing for cash without to mouth off and fox news about some of the classified documents in their head, or whatever nonsense. but it is a very different thing to make those claims under penalty of purgatory before a federal grand jury. they would shock me if cash without, all of a sudden, today, before the grand jury. started calling a very different version of events and what he's going around telling fox news. >> isn't that distressing? a grand jury, a small group of people. they get to hear the truth. when you sit on set, had fox news, you can just use their microphone to amplify lies. to millions and millions of viewers. with no consequences. katie, here's something else concerning for the justice department. they are now saying they need more cash to contain the chance

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deciding whether to let him back into mar-a-lago. and a judge revealing there are emails that show trump knew that his voter fraud lies were lies. plus, millions of dollars from trump's super pac now pouring into key senate races. million is republicans are gaining momentum. harry has been crunching the numbers. and a cnn exclusive. firsthand accounts about state sponsored torture and forced disappearances. r." with our unique tub over tub process, there's no mess oror stress. bath fitter. it just fits. visit bathfitter.com to book yoyour free consultation. ♪ ♪ medium latte, , half-caff, no foam. quite the personalized order. i know what i like. i've been meaning to ask you, carl. does yr firm offer personalized index investing? hmm? so i can remove a stocthat doesn't align with my goals. i'm a broker, not a barista. what about managinggains s to be more tax efficient? not a wizard either. looks like schwab personalized indexing can. schwaaab! learn more about personalized indexing at schwab today. i'm a coastal lodge. i might sound

he's got his faithful singing from the same song sheet. >> -- donald trump's that were at mar-a-lago. do you think they were planted? >> i believe so, the way they're out to get him. >> our friends are good liars join us ahead this hour with their unique approach to finding out what the -- really believe. wait until you hear what one woman says, is coming this halloween. let's head back to florida everybody, the death toll from the hurricane continues to climb. 85 people now pronounced ed, have been confirmed all but for those in the state of florida. the president announcing today that he will travel to the state on wednesday after his trip to puerto rico. were 25 people were killed after hurricane fiona. efforts remain underway to help residents of florida's pine island, who were left stranded after the only bridge that was critically damaged collapsed. and bc's liz mclaughlin is in fort myers beach covering this. les, great to talk to you once again. folks now beginning to start the cleanup process from the storm. and or recovery or retrieval of anything that's left from their home

they found at mar-a-lago. bunch he did return before leaving washington, related to 2016 probe into russia's links to the trump campaign. it was in such disarray, when trump gave it back, doj couldn't tell which were classified even a year later. and he tried to make the documents public the night before he left office, issuing a declassification memo, like he knew he couldn't justify declassifying it with his mind, and also meeting with conservative writer john solomon, who was allowed to read the documents. none were officially released. joining me now to discuss all of this, john brennan, former cia director and msnbc analyst and coleman, former prosecutor and msnbc analyst. the legal parts, this seems crazy to me. if the federal government says give me what's in your pockets and you don't give them what's in your pockets, why can't they just arrest you? explain this to me like i'm 6. why can't the department of justice just arrest donald trump right now for not turning over documents that he has no right t

one of those is to bring federal investigators back to mar-a-lago for a search. as you noted, this would not be like what we saw in august with agents all over the proper. it would be with president trump. they have not made any decisions yet, but it does show you a shift in their strategy when dealing with the department of justice. we have also learned behind closed doors, trump has signaled he's more amenable to cooperating, that he's listening to those lawyers who are asking him to turn down the temperature rather than some of his more combative advisers. so an interesting shift here. again, all of this is happening as the department of justice has made it clear they believe there are still documents at mar-a-lago. many close to trump say they don't think that is the case and that's why they're possibly weighing this as one of their legal options as day move forward, ana. >> kristen holmes, thank you for that update. let's does this and more with former federal prosecutor renato mario mariotti. would you agree to a classified search? >> yeah. i would go beyon