>> Stephen: WELCOME BACK.
MY FIRST GUEST TONIGHT IS A JOURNALIST YOU KNOW FROM
SHOWTIME'S "THE CIRCUS." SHE'S NOW HOSTING "ALEX WAGNER
PLEASE WELCOME BACK TO "THE TONIGHT" ON MSNBC. LATE
SHOW," ALEX WAGNER! (CHEERS AND APPLAUSE)
ALL RIGHT. >> OKAY.
>> Stephen: SO NICE TO SEE YOU AGAIN.
>> IT IS SO NICE TO BE BACK GESH.
>> Stephen: I ALWAYS ENJOYED TALKING WITH YOU OVER ON THE KIR
CIRCUS AND NOW YOU HAVE YOUR OWN GIG, I'M GLAD ARE YOU MY FIRST
GUEST AFTER BEING OFF FOR A FEW WEEKS IN THE SUMMER, SO LAY OUT
THE PARTS, DID I MISS ANYTHING? >> IT'S BEEN A LOT OF SEARCH
WARRANTS AND SWIMSUITS. IT'S BEEN AN EXCITING --
>> Stephen: POOLSIDE OF MAR-A-LAGO.
AUGUST, THE SEASON OF SPECIAL >> YOU KNOW HOW IT IS IN MASTERS.
>> Stephen: DON'T GO TOO FAR. >> YEAH.
>> Stephen: THIS IS CBS. >> JUST RIGHT UP TO THE LINE.
>> Stephen: THIS IS CBS. THE JUDGE, SO LET'S TALK ABOUT
THIS JUDGE AILEEN CANNON WHO THIS. WAS
PRESIDENT AND CONFIRMED AFTER APPOINTED BY THE FORMER HE
LOST. >> HE LOST.
>> Stephen: OKAY. >> AND HE DID LOSE.
>> Stephen: HE DID LOSE. AND THE JUDGE JUST HAPPENED TO
BE JURISDICTION HAPPENS TO INCLUDE MAR-A-LAGO WHICH IS
FASCINATING. >> COINCIDENCE?
>> Stephen: YES, SHE GRANTED THE REQUEST FOR A SPECIAL
MASTER. >> SHE DID.
>> Stephen: WHAT IS A SPECIAL MASTER, LIKE WHAT IS THIS PERSON
SUPPOSED TO BE DOING. >> APART FROM THE VERY AND
QUAITED TERM THE SPECIAL MAST CERTIFICATE SOMEONE WHO SAN
INDEPENDENT ARBITER WHO IS IN THIS CASE GOING TO LOOK OVER
POTENTIAL CLAIMS OF PRIVILEGE WHICH IS TO SAY ATTORNEY CLIENT
PRIVILEGE OR MORE CONTROVERSIALLY EXECUTIVE
PRIVILEGE AND THERE ARE 11,000 DOCUMENTS WE ARE TALKING ABOUT
HERE, STEPHEN, THAT HAVE BEEN SEIZED SINCE THE BEGINNING OF
AUGUST. >> Stephen: SO ARE THEY GOING
TO HAVE TO GO BEIGE BY PAGE OR JUST LIKE THESE HAVE THE THING
SUPERSECRET DON'T EVER TAKE ON THE TOP THAT SAYS HOME.
>> THIS ONE HAS YELLOW TOP SECRET DON'T TOUCH DONALD TRUMP.
NO, IT IS GOING TO TAKE, IF WE GO FORWARD, IF THE JUSTICE
DEPARTMENT DOESN'T APPEAL THIS, THIS IS GOING TO TAKE A LONG
I MEAN BY THE WAY, BECAUSE TIME. FIRST
YOU HAVE TO DECIDE ON WHO THE SPECIAL MASTER OR MISTRESS IS
AND YOU CAN IMAGINE THERE IS ALOT OF SUN LIGHT BETWEEN THE
DOJ AND THE TRUMP LEGAL TEAM ON THIS, RIGHT.
>> Stephen: BUT THEY HAVE TO COME TO A MUTUALLY AGREED UPON
PERSON. >> YES.
>> Stephen: SO HIS LAWYERS HAVE TO AGREE WITH THE DOJ'S
LAWYERS ABOUT WHAT CONSTITUTES AS A NEUTRAL ARBITER.
>> YES, IN THEORY. >> Stephen: YOU COULD
HAVE-- IT WILL NEVER HAVE. >> WE WANT RUDY GIULIANI, WE
WANT BARACK OBAMA. IT IS IMPOSSIBLE TO IMAGINE A
SCENARIO, AND THEN THAT PERSON ALSO BY THE WAY HAS TO HAVE TO
HAVE TOP SECRET CLASSIFIED SECURITY CLEARANCE.
>> Stephen: THAT IS THE CRAZIEST PART OF THIS, THAT I
LOVE IS THAT THEY KEEP SAYING IT IS ALL UNCLASSIFIED,
DECLASSIFIED EVERYTHING. >> ABRACADABRA.
>> Stephen: YOU KNOW, EVERYBODY-- OLLY OLLY-- ALL.
>> ALL THE THINGS. >> Stephen: ALL DE CLASSIFIED
BUT WHEN HIS LAWYER AS PLIED FOR THE SPECIAL MASTER, THEY SAY
THEY HAVE TO BE SOMEONE OF HIGH SECURITY CLEARANCE BECAUSE THIS
>> ADMITTING THAT NONE OF IT IS ALL CLASSIFIED. IS
CLASSIFIED. PART OF THE REASON THAT THE
CLASSIFICATION, THE DECLASSIFICATION IS SO RIGOROUS
IS BECAUSE TRUMP WHEN HE WAS PRESIDENT WOULD TWEET OUT
DECLASSIFICATION LIKE ABRACADABRA, HAVE I DECLASSIFIED
THESE DOCUMENTS VIA TWITTER AND BASICALLY BEHIND THE SCENES THE
DOJ HAD TO WORK TO ENSURE YOU COULDN'T ACTUALLY DECLASSIFIED
THINGS BY TWITTER BECAUSE THE PRESS WAS LIKE IF IT IS
DECLASSIFIED WE WANT IT TOO. SO THE SYSTEM BY WHICH THINGS
WERE DECLASSIFIED WHICH REALLY TIGHTENED UNDER TRUMP BECAUSE OF
AND NOW HERE WE HAVE THE DONALD TRUMP. HARVEST
OF DONALD TRUMP'S ININSANNITY RIGHT BACK ON HIS OWN PLATE.
>> Stephen: OH, OKAY, SO. >> SO YOUR EARLIER QUESTION,
THIS COULD TAKE A LONG TIME, THIS COULD TAKE A VERY LONG TIME
BECAUSE IF THE SPECIAL MASTER F THEY SHOW FIND THE WIZARD WHO
HAS THE TOP SECRET CLEAR ANT THAT BOTH PARTIES AGREE TO THAT
PERSON THEN HAS TO REVIEW 11,000 DOCUMENTS, WE ARE HEADED TOWARD
THE MID-TERM ELECTIONS STARTING NOVEMBER.
ALL THIS INVESTIGATING IS SUPPOSED TO HAPPEN OUTSIDE OF
THE POLITICAL CALENDER. AND THEN, YOU KNOW, WE'RE
TALKING ABOUT 11,000 DOCUMENTS THAT BOTH SIDES COULD NOT AGREE
THAT SOME OF THOSE DOCUMENTS ARE PRIVILEGED.
>> Stephen: THE SPECIAL MATIONER GETS TO DECIDE.
>> BUT YOU CAN APPEAL THE SPECIAL MASTER'S DE
SIGNIFICANTS. >> Stephen: SO IT IS A GREAT
>> IT COULD TAKE YEARS, IT CLOCK GOBBLER. COULD
GOBBLE YEARS, DEPENDING ON WHAT THE SPECIAL MASTER DOES.
SO FAR THE DOJ SET ASIDE 500 DOCUMENTS THAT THEY SAY ARE
PRIVILEGED. THE SPECIAL MASTER HAS 11,000
THO CHOOSE FROM. IF THIS PERSON IS PARTICULARLY
AGGRESSIVE OR NOT AGGRESSIVE ENOUGH EITHER TRUMP OR THE DOJ
COULD APPEAL IT MY SENSE IS THE DOJ WOULD LIKE TO WRAP THIS UP
QUICKLY BUT YOU KNOW DONALD TRUMP LOVES NOTHING MORE THAN A
DELAY. >> Stephen: THERE IS ALSO, IT
HAS BEEN, THE IDEA HAS BEEN PUT OUT THERE THAT THE DOJ SHOULD
REALLY BASED ON THIS EVIDENCE, THEY'RE NOT ALLOWED TO DO
ANYTHING BASED ON THEFD, THE JUDGE SAID, BASED ON THIS
EVIDENCE THEY SHOULD GO TO BEDMINSTER, LOOK AT KID HOME,
TRUMP PO TOWER BECAUSE WHY JUST BE MAR-A-LAGO, HE HAS STUFF
STASHED EVERYWHERE, THAT MAKES SENSE BECAUSE THE CLOCK GOB
EMING IS IMPORTANT BECAUSE IT GIVES A CHANCE ALLEGEDLY TO
DESTROY THE REST OF THE EVIDENCE, DOESN'T IT.
>> THIS IS SOMEONE WHO HAD 40 EMPTY FOLDERS THAT WERE MARKED
CLASSIFIED, RIGHT. AND THAT IS JUST AT TRUMP TO
KER-- SORRY, JUST AT MAR-A- LAGO. WHO KNOWS WHERE EVERYTHING.
IS THE STUFF WAS MIXED IN WITH HIS PASS PORTS AND AN OLD SHOE
ANG RAIN COAT AND RAZE ESCH BLADE, I'M NOT EVEN MAKING UP
THAT WAS LITERALLY STUFF IN THAT. THE
BOXING THAT HE GAVE BACK TO THE DEPARTMENT OF JUSTICE.
>> Stephen: WHY WOULD A FORMER PRESIDENT HAVE THREE PASSPORTS.
>> I MEAN AT THIS STAGE I WANT THREE PASSPORTS BECAUSE WHO
KNOWS HOW THIS ALL TURNS OUT. >> Stephen: NEW ZEALAND SEEMS
NICE. >> CANADA IS GREAT IN THE
SUMMER. >> Stephen: WE HAVE TO TAKE A
QUICK BREAK, PLEASE STICK AROUND.
WE'RE RIGHT BACK WITH MORE WITH MSNBC'S ALEX WAGNER, EVERYBODY.