>>> WE HAVE BREAKING NEWS.
MINUTES AGO, THE JUSTICE
DEPARTMENT FILED A NOTICE OF
APPEAL SAYING THE UNITED STATES
DEPARTMENT OF JUSTICE HEREBY
APPEALS TO THE UNITED STATES
COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA. THE RULING
OF JUDGE AMY BERMAN JACKSON, WHO
HAD RULED THAT A MEMO WRITTEN IN
THE TRUMP JUSTICE DEPARTMENT FOR
ATTORNEY GENERAL WILLIAM BARR
MUST BE RELEASED.
THE BIDEN JUSTICE DEPARTMENT IS
NOW PROTECTING THAT MEMO THROUGH
THE APPEALS PROCESS, TRYING TO
KEEP IT AS AN INTERNAL MEMO.
JOINING US NOW IS NEILAL KATYAL,
FORMER U.S. ACTING SOLICITOR
GENERAL AND AN MSNBC
CONTRIBUTOR.
NEAL, WHAT DO YOU MAKE OF THIS
LITERALLY NOT LAST-MINUTE, BUT
LAST-HOUR -- THEY HAD ABOUT 60
MINUTES LEFT TO FILE THIS --
LAST-HOUR DECISION TO APPEAL
THIS RULING THAT WOULD HAVE
OTHERWISE MADE THAT MEMO TO
WILLIAM BARR PUBLIC TONIGHT?
>> YEAH.
SO, LAWRENCE, IVE READ THE DOJ
FILING.
ITS NOT AN EXTENSION.
THEY ARE SEEKING TO APPEAL JUDGE
JACKSON.
THEYRE SAYING JUDGE JACKSON WAS
WRONG TO ORDER THE DISCLOSURE OF
THE BARR JUSTICE DEPARTMENT
MEMO.
AND THIS IS DISAPPOINTING TO ME.
I THINK THIS IS THE PEOPLES
MEMO.
I THINK THIS IS THE WRONG
DECISION.
THEYRE, IN FAIRNESS, NOT GOING
TO APPEAL AT ALL.
THEYRE GOING TO LEAVE AN
UNREDACT ABOUT 1.5 PAGES OF THE
MEMO, IM TOLD, BUT THE REST
THEY ARE FIGHTING.
NOW, IN AN ORDINARY WORLD,
LAWRENCE, THIS WOULDNT BE AN
UNUSUAL DECISION.
THE DECISION WOULD BE MADE BY
THE SOLICITOR GENERAL IN
CONSULTATION WITH THE ATTORNEY
GENERAL.
I CAN TELL YOU THAT IN AN
ORDINARY WORLD, I WOULD HAVE
APPEALED THIS DECISION BECAUSE
THE GOVERNMENT DOESNT WANT
FEDERAL JUDGES ORDERING
DISCLOSURE OF SENSITIVE, PERHAPS
ONGOING LAW ENFORCEMENT
INVESTIGATIONS.
YOU WANT A ZONE OF WANT SENSITIV
AROUND THAT, AND THE ENCOURAGE
OF UNFETTERED ADVISE.
BUT THE PROBLEM IS THIS
INVESTIGATION IS ANYTHING BUT
ORDINARY.
JUDGE JACKSON IS ONE OF THE BEST
JUDGES IN THE COUNTRY, SAYING
BILL BARR LIED, THE JUSTICE
DEPARTMENT LIED.
WE FLOW IS A DEE OF CORRUPTION
AROUND BILL BARR.
HE ACTED LIKE ONE OF TRUMPS
ATTORNEY.
THERE ARE PEOPLE ON SOCIAL MEDIA
SAYING THE JUSTICE DEPARTMENT
MADE THE DECISION.
SEE BARRS MEMO.
THAT WAS BEFORE HE GOT THE JOB
THAT HE SAID FOR 20 PAGES, THERE
IS NO ON JUST OF JUSTICE THAT
SHOULD EXIST HERE.
AND THAT IS WHAT THIS DOCUMENT
IS THAT WE ARE ALL WANTING TO
SEE, AND THE JUSTICE DEPARTMENT
IS SAYING NO, THE PEOPLE DONT
GET TO SEE IT.
WS ITS GOING TO STAY IN THE
VAULT, AND TA TO ME IS NOT THE
RIGHT CALL.
>> NEIL, LET ME GO BACK TO WHAT
YOU AND I CONSIDER TRADITION IN
NIECE CIRCUMSTANCES.
THIS WAS SAY THE CLINTON
PRESIDENCY AFTER THE GEORGE H.W.
BUSH PRESIDENCY, NO ONE WOULD
BLINK AN EYE.
THEY COULD CONSIDER IT A ONCE
RESPONSIBLY RUN JUSTICE
DEPARTMENT, BASICALLY USING THE
SAME VALUES, THE SAME APPROACHES
TO THE LAW, TO PROCEDURE, TO ALL
THESE THINGS, AND THEY WOULD SEE
THINGS SIMILARLY.
THIS COMES AFTER THE MOST
LEGALLY RADICAL DRAGS IN
ADMINISTRATION, AND THE LONGEST
ON GOING LEGALLY RADICAL
ATTORNEY GENERAL, RICHARD
NIXONS ATTORNEY GENERAL WENT TO
PRISON.
BILL BARR WAS NOT TAKING OUT OF
THE JOB.
SO THATS WHATS SO STRIKING
ABOUT THIS.
THIS IS -- BIDEN JUSTICE
DEPARTMENT IS GIVING A NORMAL
FRAME TO A STUNNINGLY ABNORMAL
PERIOD, AND ABNORMAL MEMO.
>> THATS BEAUTIFULLY SAID.
YOU WILL FIND NO PERSON WHO IS A
MORE ZEALOUS DEFENDER OF THE
INSTITUTION, AND THE WAY SHOULD
YOU IS SH CHANGE FROM ONE
ADMINISTRATION TO ANOTHER THAN
ME.
MY HARD BELIEF.
BUT THIS IS A DIFFERENT THING.
JUDGE JACKSON READ THE ACTUAL
UNDER LYING DOCUMENTS AND SHE
DOESNT KEEP HIM.
GOES AFTER BILL BARR FOR A
SUMMARY OF THE MUELLER REPORT.
ITS NOT JUST JUDGE JACKSON.
ITS OTHER JUDGES, ONE CALLED IT
DISTORTED AND MISLEADING, AND
JUDGE EMMITT SULLIVAN SAID ABOUT
THE DROPPING OF THE CASE WITH
MICHAEL FLYNN.
SO I DONT THINK YOU CAN APPLY
THE SAME RULE BACK THAT YOU CAN
TO THIS.
THAT IS WHAT THE GARLAND JUSTICE
DEPARTMENT APPEARS TO HAVE DONE
TONIGHT.
WE WILL HAVE TO STUDY THE
DECISION.
RIGHT NOW, MY SENSE IS, THIS IS
NOT THE RIGHT CALL.
THE PEOPLE NEED TO SEE AND
UNDERSTAND WHAT HAPPENED AT THIS
JUSTICE DEPARTMENT OVER THE LAST
FOUR YEARS.
WE WAITED AND WAITED AND WAITED