marked classified found at mar-a-lago, saying its hands are tied. quote, the fbi would be chiefly responsible for investigating what materials may have once been stored in these folders and whether they may have been lost or compromised. justice department lawyers are warning judge cannon they are, quote, likely to succeed on the merits. if they appeal to the 11th circuit, which they will do by next thursday if she doesn't allow their investigation to go forward. >> if doj appeals eventually, it would be overturned. i hope they expudied it, but it could take several months to get that straightened out. >> now, the deadline for this joint submission from both doj and trump's lawyers is midnight tonight. and in this submission, there will be things such as lists of who each side wants to be the special master and how they believe this process should proceed. you can imagine, jake, given how this has played out so far, they will come to the table with different visions for how they want this process to proceed. but the judge said once this