>>>BREAKING NEWS IN THE CASE AGAINST DONALD TRUMP.
A BRAND-NEW COURT FILING FROM THE FORMER PRESIDENT'S LAWYERS
HIT THE DOCKETT. IN IT THE LEGAL TEAM ASKED TO
KEEP IN PLEASE A STOP ON THE INVESTIGATION OF THOSE DOCUMENTS
SEIZED FROM AN FBI SEARCH WARRANT SERVED AT MAR-A-LAGO.
THEY CALLED THE DOJ PROBE, QUOTE, MISGUIDED, AND ARGUE THE
JUSTICE DEPARTMENT HASN'T PROVEN ANY OF THE DOCUMENTS TAKEN FROM
HIS MAR-A-LAGO HOME ARE INDEED CLASSIFIED.
MORE ON THIS NEW RESPONSE FROM ELLIOTT WILLIAMS IS ALSO WITH
US. THIS FILING MADE WITH THE 11th
CIRCUIT COURT OF APPEALS. WHAT'S THE BIG HEADLINE?
>> THE HEADLINE HERE, JOHN, THE FORMER PRESIDENT IS ARGUING THAT
KEEPING THIS ORDER FROM A LOWER COURT JUDGE THAT PREVENTS THE
JUSTICE DEPARTMENT FROM CONTINUING TO INVESTIGATE THESE
DOCUMENTS, PARTICULARLY THE 100 OR SO CLASSIFIED DOCUMENTS THAT
WERE SEIZED FROM MAR-A-LAGO, HE'S SAYING THAT KEEPING THAT
STAY IN PROCESS, THAT PROHIBITION AGAINST THE
GOVERNMENT, IS A SENSIBLE PRELIMINARY STEP TOWARD
RESTORING ORDER FROM CHAOS. HE'S SAYING THAT THE GOVERNMENT
SHOULD NOT BE ALLOWED TO INVESTIGATE THESE DOCUMENTS
WHILE THE SPECIAL MASTER PROCESS IS ONGOING.
AND THEN THIS ARGUMENT THE GOVERNMENT HAS NOT PROVEN THE
DOCUMENTS ARE ACTUALLY CLAS
CLASSIFIED. THE GOVERNMENT IS ASSUMING
WITHOUT EITHER SIDE PRESENTING PROOF THAT THESE DOCUMENTS ARE
CLASSIFIED. THAT'S FROM THE FILING.
AND, OF COURSE, THE IRONY HERE BEING THE FORMER PRESIDENT HAS
NOT ACTUALLY EVEN CLAIMED THAT HE DECLASSIFIED THESE DOCUMENTS,
AT LEAST NOT IN COURT. HE SAID THIS ON HIS SOCIAL MEDIA
PLATFORM. HE SAID IT IN TV INTERVIEWS.
BUT HE'S NOT ACTUALLY SAID THIS IN COURT.
BUT RIGHT NOW THE AMBIGUITY OF THIS HE'S SAYING IS THE
GOVERNMENT'S FAULT, ESSENTIALLY, BECAUSE THEY HAVEN'T ACTUALLY
PROVEN THAT THE DOCUMENTS ARE CLASSIFIED.
>> HAVEN'T ACTUALLY PROVEN IN THE VIEW OF THE TRUMP LAWYERS,
ELLIOTT WILLIAMS. WE SAW THE PHOTO RELEASED BY THE
FBI IN A PREVIOUS COURT RULING THAT SHOWED THE STAMPS ON SO
MANY OF THOSE DOCUMENTS. >> THE DOCUMENTS ARE CLEARLY
STAMPED. YOU KNOW THERE'S A REALLY GOOD
CHANCE IF THEY WERE DECLASSIFIED AT THE POINT IN WHICH DONALD
TRUMP HAD THEM IN HIS POSSESSION HIS OWN GOVERNMENT, HIS OWN
JUSTICE DEPARTMENT, FBI OR WHOEVER ELSE, THAT CLASSIFIED
THESE DOCUMENTS, NUMBER ONE. NUMBER TWO, IT SIMPLY DOES NOT
MATTER FOR THE VARIOUS STATUTES THEY ARE LOOKING INTO HERE
WHETHER THE DOCUMENTS ARE CLASSIFIED OR NOT AND PEOPLE
SHOULD BURN THAT INTO THEIR HEADS, JOHN, IF WE'RE TALKING
ABOUT OBSTRUCTION OF JUSTICE OR MISHANDLING DEFENSE INFORMATION
OR MUTILATING DOCUMENTS, THE CRIMES WE KNOW THE JUSTICE
DEPARTMENT IS LOOKING INTO, IT DOESN'T MATTER WHETHER THEY'RE
DECLASSIFIED OR NOT. I THINK IT'S A LITTLE BIT OF
SMOKE AND MIRRORS. >> NOT TO MENTION, REAL QUICK,
ONE OF THE POSSIBLE CRIMES THE JUSTICE DEPARTMENT IS
INVESTIGATING IS WHETHER DONALD TRUMP DISOBEYED A SUBPOENA TO
TURN OVER DOCUMENTS MARKED AS CLASSIFIED.
ACCORDING TO THE FBI BY THE FACT THEY GOT THESE DOCUMENTS WHEN
THEY WENT THERE IN AUGUST HE DISOBEYED THAT SUBPOENA.
THAT IS NOT ANSWERED IN THESE DOCUMENTS.
>> LOOKING QUICKLY THROUGH THIS, NOT A LAWYER, THEY ARE TRYING TO
MAKE A DISTINCTION BETWEEN PRESIDENTIAL RECORDS AND
PERSONAL RECORDS, THAT DONALD TRUMP CAN TAKE PERSONAL RECORDS
WITH HIM. THIS DOCUMENT SEEMS TO IGNORE
THE MONTHS AND MONTHS AND MONTHS OF NEGOTIATIONS WHERE TRUMP'S
LAWYERS CONCEDED AND BACK AND FORTH WITH THE GOVERNMENT THERE
WAS LEGITIMATE DISPUTE OVER WHAT SHOULD BE RETURNED.
>> AND MOREOVER A LOT OF THOSE, ANYTHING THAT'S NOT A PERSONAL
RECORD, SET ASIDE THIS CLASSIFICATION ARGUMENT, THEY
ARE GOVERNMENT RECORDS THAT BY LAW WOULD BELONG IN THE CUSTODY
OF THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
I THINK WE'RE GETTING BOGGED DOWN IN THE CLASSIFIED VERSUS
DECLASSIFIED AND ALL THAT MUMBO JUMBO ACRONYMS.
THEY BELONG TO THE GOVERNMENT BY LAW.
THE LAW SAYS THEY HAVE TO BELONG THERE EVEN IF YOU ARE A FORMER
PRESIDENT. >> STAY WITH US THIS IS
COMPLICATED. THIS BRIEF FILED WITH THE 11th
CIRCUIT COURT OF APPEALS, THE JUSTICE DEPARTMENT APPEALING A
FLORIDA JUDGE, THE FEDERAL JUDGE IN FLORIDA'S DECISION TO STOP
THE PROCESS. AS THIS APPEAL GOES TOWARD, A
SPECIAL MASTER WAS NAMED TO LOOK THROUGH AN INDEPENDENT PARTY TO
LOOK THROUGH. JUST TWO HOURS FROM NOW TRUMP
LAWYERS AND THE JUSTICE DEPARTMENT WILL MEET INSIDE A
NEW YORK COURTROOM WITH THAT SPECIAL MASTER, JUDGE RAYMOND
DEARY. TODAY THAT JUDGE AND THE LAWYERS
ARE SUPPOSED TO PLOT A ROAD MAP ON HOW TO PROCEED.
THE SPECIAL MASTER HAS THE CASE. ANOTHER TRUMP LEGAL FILING PUT
ON THE RECORD AND IN WRITING THE STAKES.
THEY'RE HESITANT IN A LEGAL FILING TO BACK UP TRUMP'S PUBLIC
CLAIM THAT HE DECLASSIFIED BOXES OF THE MATERIAL.
THEIR REASON, THAT MIGHT BE A POSSIBLE DEFENSE THEY WOULD USE
SHOULD THE JUSTICE DEPARTMENT INDICT THE FORMER PRESIDENT.
WHAT DO WE EXPECT? >> Reporter: JOHN, AS YOU SAY
THE SPECIAL MASTER IN THIS CASE, JUDGE RAYMOND DEARIE, IS HOLDING
THE FIRST PUBLIC HEARING OVER THIS MATTER AND ON THE AGENDA IS
HOW THEY ARE GOING TO GO THROUGH 11,000 DOCUMENTS BY THE NOVEMBER
30th DEADLINE SET BY THE JUDGE IN FLORIDA.
JUDGE DEARIE WAS APPOINTED TO THE BENCH BY RONALD REAGAN,
SERVING MORE THAN 45 YEARS AND HAS A WELL REGARDED REPUTATION
AMONGST THE PUBLIC DEFENDERS, AMONGST FEDERAL PROSECUTORS I'VE
SPOKEN TO. IN FACT, THE ATRIUM IN THE
COURTHOUSE IS NAMED AFTER HIM, RAYMOND DEARIE.
HE'S SETTING THE TABLE TODAY SAYING, OKAY, LET'S FIGURE OUT
THE AGENDA, HOW WE'RE GOING TO GO THROUGH THIS.
HE WAS TRUMP'S PICK FOR SPECIAL MASTER THAT THE JUSTICE
DEPARTMENT DID NOT OBJECT TO. BUT THE TRUMP TEAM IS ALREADY
FINDING SOME ISSUES WITH SOME OF THE IDEAS HE'S PUT FORWARD.
THE JUDGE, RAYMOND DEARIE, SAYING WE SHOULD GO THROUGH
CATEGORIZING THESE DOCUMENTS, WHAT IS PERSONAL, PRESIDENTIAL,
PRIVILEGED BY OCTOBER 7. TRUMP'S TEAM SAYING WE MIGHT
WANT TO PUSH BACK THE DEADLINES AND HAVE MORE TIME.
IN ADDITION THIS ISSUE OF CLASSIFICATION, JUDGE DEARIE,
THE SPECIAL MASTER, HITTING THAT RIGHT ON THE HEAD SAYING HE
WANTS SPECIFIC INFORMATION FROM THE TRUMP TEAM ABOUT
DECLASSIFICATION. NOW TRUMP'S LAWYERS SAYING IN
THEIR FILING LAST NIGHT THAT THIS IS PREMATURE, THAT THEY, IN
FACT, DON'T WANT TO SAY ANYTHING ABOUT IT BECAUSE IT COULD GO TO
A POSSIBLE DEFENSE IF THERE IS AN INDICTMENT DOWN THE ROAD.
WE EXPECT THE ISSUES TO COME TO A HEAD IN THE HEARING.
THEY ARE FILING FOR A QUICK MOVE ON THIS SAYING THEY WANT TO GO
THROUGH 500 PAGES A DAY, AND THEY'RE HOPING TO HAVE WEEKLY
REVIEW SESSIONS WITH THE JUDGE TO TRY TO KEEP THIS ON TRACK.
JOHN? >> OUTSIDE THE COURTROOM IN NEW
YORK, THANKS. KEEP US POSTED AS THINGS DEVELOP
LATER TODAY. BACK TO THE TABLE WITH EVAN
PEREZ AND ELLIOTT WILLIAMS. JUST EXPLAIN TO THE VIEWER WHO
MIGHT NOT BE FOLLOWING THIS ON AN HOURLY BASIS LIKE WE DO THAT
YOU HAVE AN APPEAL TO THE 11th CIRCUIT COURT OF APPEALS, BUT
UNTIL THAT IS DECIDED FULL SPEED AHEAD BEFORE JUDGE DEARIE.
>> THE 11th CIRCUIT, WHERE I WAS A LAW CLERK MANY YEARS AGO, CAN
STEP IN AND PUT THE WHOLE PROCEEDINGS ON HOLD AND SAY, YOU
KNOW WHAT, WE HAVE THIS NOW. PLEASE DON'T MOVE FORWARD.
UNTIL THAT POINT, THIS IS WITH THE COURT THAT'S HEARING IT AND
I THINK JUDGE DEARIE IS PROCEEDING, AS WELL HE SHOULD,
PROCEEDING AS IF NOTHING HAS BEEN PUT ON HOLD YET.
>> AS THAT PLAYS OUT, I WANT TO READ WHAT WAS JUST MENTIONED,
TRUMP PUBLICLY SAID HE DECLASSIFIED THE DOCUMENTS HIS
LAWYERS HAVE NEVER ARGUED, THEY HAVE NEVER ARGUED THAT HE
DECLASSIFIED THE DOCUMENTS. JUDGE DEARIE SAYS PROVE IT.
PROVE IT. IT'S A KEY ISSUE IN THIS CASE.
PLEASE SHOW ME THE EVIDENCE. AS I REVIEW THESE DOCUMENTS,
PROVE TO ME I SHOULD DEFER TO DONALD TRUMP AND SAY I SHOULD
DEFER TO DONALD TRUMP, DISCLOSE SPECIFIC INFORMATION OF
DECLASSIFICATION TO THE COURT AND THE GOVERNMENT.
THE SPECIAL MASTER PROCESS WILL FORCE THE PLAINTIFF TO FULLY
DISCLOSE THE DEFENSE TO THE MERITS OF ANY SUBSEQUENT
INDICTMENT WITHOUT SUCH A REQUIREMENT.
BEING IN THE DISTRICT COURT ORDER.
THE TRUMP TEAM ESSENTIALLY SAYING, NO.
WHAT HAPPENS? >> THEY WANT THE AMBIGUITY OF
THIS -- AMBIGUITY WHICH THEY ALONE ARE CREATING -- BECAUSE
THE GOVERNMENT ISN'T EVEN SAYING NECESSARILY THAT -- THEY'RE
ARGUING THESE ARE DOCUMENTS THAT ARE MARKED AS CLASSIFIED AND
THAT IS THE VIOLATION THEY ARE INVESTIGATING.
SO THE FORMER PRESIDENT IS TRYING TO HAVE IT BOTH WAYS.
HE'S TRYING TO SAY, LOOK, WE'RE NOT GOING TO SAY WHETHER THESE
ARE CLASSIFIED OR NOT BECAUSE THAT MIGHT BE OUR DEFENSE AT A
LATER POINT IF HE GETS INDICTED BUT AT THE SAME TIME THEY WANT
THE SPECIAL MASTER TO SET ASIDE THESE DOCUMENTS AND TO
ESSENTIALLY RULE WHAT IS PERSONAL AND WHAT ISN'T.
>> TO BE MORE DIRECT IF, IN FACT, THEY ARE NOT DECLASSIFIED
AND THEY PUT THAT IN A COURT FILING THAT THEY WERE, THAT'S
LYING TO THE COURT. YOU EVEN USED THE WORDS UNDER
OATH, JOHN. NOT EVEN FILING TO THE COURT,
MAKING THAT STATEMENT TO A FEDERAL OFFICER WOULD ITSELF BE
A CRIME. AND SO THEY HAVE TO BE VERY --
MAYBE THEY'RE DECLASSIFIED, I DON'T KNOW, BUT ALL SIGNS
SUGGEST THEY'RE NOT. >> AND ANOTHER TRUMP LAWYER IN A
PREVIOUS ASSERTION TO THE JUSTICE DEPARTMENT, ANOTHER
TRUMP LAWYER HAD WRITTEN IN A LETTER ALL THE CLASSIFIED
MATERIALS HAD BEEN RETURNED. >> RIGHT.
>> THEN IN THE SEARCH WARRANT THOSE PHOTOGRAPHS HAD NOT.
THEY'RE SORT OF IN A BOX. >> THEY CANNOT LEGALLY WRITE
THEY ARE DECLASSIFIED BECAUSE THERE'S MORE TROUBLE THAN THEY
ALREADY MIGHT BE IN IF THEY GO THERE.