after arguments. thanks so much. what is the law? joining us to discuss, paul kallen and cia intelligence officer, david priest. if i can begin with you, paul. lots of developments yesterday, inside and outside of the courthouse. trump taking issue with the photo showing evidence that the fbi collected, said, no. we didn t keep it on the floor. we kept it in cartons, which the president acknowledging where classified documents were kept. and after his lawyer said they returned everything. is that material to the ongoing investigation? it s material in the sense that it s confirmation that he had in his possession highly classified documents. and if he waved a magic wand over them and said they re not classified, they re still defense and military information. and there s statutes making it a crime for somebody to hold or
decision on whether to appoint a special master to review documents seized during the fbi search at mar-a-lago. this hearing comes after president trump s lawyers responded to the d.o.j. damning filing on tuesday. in their response, trump s lawyers pressed their argument that an independent review is needed. despite the justice department saying it had already filtered out any privileged documents. trump s lawyers acknowledge that classified material was found at mar-a-lago. but say there was no need to be alarmed. that trump s home should never have been searched for this. while we still don t know what was in the 320-plus highly classified documents that were recovered, we do know, trump attempted to obstruct the fbi s investigation into the handling of classified material. there s a lot to digest. let s go to west palm beach,
has argued that essentially the trump team in some manner was trying to obstruct the fbi efforts to retrieve the documents. there s a department of justice january 6th investigation, this is a huge biggest investigation in their history, into hundreds of people who stormed the capitol. initially, that was a focus. it s expanded beyond that. they re looking for more records that address the idea of how much this was planned by people in trump s orbit, maybe by trump himself. how fund-raising, transportation, all sorts of things were worked out before this attack on the capitol. subpoenas are outstanding for people very close to the president, who might be able to say that they have direct knowledge of donald trump s investigation of this involvement of this, if this was directly involved. the january 6th committee helped push that idea forward. you ve seen all of the hearings we had this year. one more is expected this month.
factor as prosecutors consider that decision? yes, jim, it would be. there was a lot of evidence that was presented by the department of justice in their filing, suggesting there was a willful effort to exceed on more material than was initially turned over. you had a custodian of the records, that all records had been turned over. when this search warrant was executed, it turns out that was entirely untrue. there were documents found not just in the famous storage area, where these things were supposed to be kept under lock and key. but even in the president s he calls it the 45 office, where he has a pretend desk, just like one in the white house. and in the drawer of that desk, were classified documents next to his passports. the representations made by his
florida, outside of the courthouse. the hear willing start at 1:00 eastern time today. walk us through what plays out now. about three hours from now, lawyers for former president trump and the judge will be in the courthouse behind me. they are asking a special master to review the documents that w were seized from mar-a-lago three weeks ago. the fbi s filter team, separate from the investigators had unchecked discretion. they want the judge to put an independent person in place. interesting in the court filing that the trump team put out last night, they make no mention about an argument of declassifying the documents. in the filing, they take a swipe at the justice department s investigation and say, you noted that there should be no surprise they were sensitive information