Transcripts For MSNBC Jose Diaz-Balart Reports 20240707 : vi

MSNBC Jose Diaz-Balart Reports July 7, 2024

Russias invasion began. Today President Biden is set to meet with the families of two americans detained in russia, paul whelan and Brittney Griner. A humanitarian crisis at the southern border, political games are being waged with human lives as we learn more about how dozens of migrants arrived in Marthas Vineyard and how the community is coming to their aid. The Boil Water Advisory in jackson, mississippi is now lifted after a water crisis lasted nearly seven weeks. But will residents drink it . And we begin this friday with major developments into the investigation of classified documents recovered from Donald Trumps maralago estate. Last night a judge in florida formally appointed new york Senior District judge Raymond Dearie to be the Special Master to review the thousands of documents seized during last months search. He was the only candidate acceptable to trump and the Justice Department. The judge also denied the departments request for continued access to roughly 100,000 i should say 100 classified documents for use in their Criminal Investigation, saying she isnt prepared to accept the dojs assertions at face value without the Special Master review process. A source familiar with the matter confirms to nbc news that former white house Chief Of Staff mark meadows has complied with a subpoena from the Justice Department in its investigation into the january 6th attack on the u. S. Capitol. A spokesperson for meadows declined to comment. Nbc news has also reached out to the Justice Department. With us to take a closer look at this, justice and intelligence correspondent ken dilanian, sin thee ya oxny and frank figliuzzi. Good morning, what else did the judge have to say in her order last night . Judge Aileen Cannon was appointed by former President Donald Trump and she adopted trumps view of the case here. She said the Justice Department cant be trusted to say what documents are classified and what documents are properly included in the Criminal Investigation she has to appoint a Special Master to review all of that. She said, for example, the Justice Department hasnt shown any of the classified documents got into the wrong hands at maralago. The doj would say thats what theyre investigating. Thats why they need to use the documents to keep looking, but shes not allowing them to do that. Shes saying that the doj must continue to hold these documents outside of its Criminal Investigation. She threw them a small bone in the sense they can use the documents for a National Security Damage Assessment by the Intelligence Community and said the fbi can participate in that Damage Assessment. She said the fbi could question witnesses about who had access to the documents and where they moved but not about the contents. What the doj said is they need to use the contents to figure out what happened to the documents and whether National Security was compromised. That is why jose we expect an appeal to be filed today. Frank, how does this ruling affect the fbis ability to get answers about what happened here . Im sure theres some Head Scratching going on right now at fbi headquarters as to how to proceed here because its a nonsensical decision. The judge saying i didnt stop you entirely from the criminal inquiry. You can use the other materials, documents previously obtained through subpoena or volunteered to the National Archives but in effect it stops the investigation. Youre handing the trump team some appeals later on down the road, if you say this agent did interviews on other materials than the 100 seized classified documenteds and he interviewed ten people and they started talking about other documents and lo and behold we ended up using it. Its very confusing. Again the Assistant Director forcounter intelligence said we cant do this and the judge just simply didnt buy it. Its just difficult i presume for the Intelligence Community to have an assessment of what happened of National Security damage if they dont have access to that information, frank. Well, the review can go forward. This is where the problem is, she said the National Security review can go forward. You can look at those documents for that purpose. But in reality its a mess in terms of the same personnel being utilized. The same supervisors, the doj said look the head of National Security division at doj, the head of counterintelligence at fbi were super vising the review and the criminal case. We dont understand what youre telling us. For that reason alone i think it has got to go to appeal. And, you know, even if the Special Master is allowed to do his job. Hes going to kick it back to the same judge. The same judge presides. For that reason i think doj is going to end up appealing this thing. So cynthia, what will judge dearie be looking for when he reviews all of these documents . The good news about judge dearie he seems to know what hes doing, which is an improvement over the current judge. He has National Security experience, he was on the fisa court. Hes not been so hes in a position he can actually cynthia there we go. I think, you know, while definitely the department of Justice Needs to appeal to the 11th circuit, and they may stay everything that judge dearie is going to do. She has not addressed the law that the warrants were based on and shes not dealing with the whole Obstruction Issue or frankly the declassification issue. So one of two things is going to happen. Judge dearie can try to get it right or the 11th circuit can stay and get it right. I lost you for a bit. I was wondering if you can expand a little bit on judge dearie and his qualifications or his experience in this. Well, he was on the fisa court, which is the most important National Security court that the federal judiciary has. So he knows a lot about Executive Privilege, about National Security issues, hes familiar with the documents. He has the clearance required or can certainly have it updated quickly. He has a reputation as a solid judge. Thats what this case needs. I dont think for a minute its the best route because theres no reason for Special Master in this case. But the good news is that the Special Master is probably a better judge than the judge who sent the case over in the first place. So were in a position where we have to just kind of Make Lemonade out of lemons and take advantage of the fact this is a good judge and hes able to handle the case. And what he can do is section out these 11,000 documents he can take the first 100 classified documents and have a preliminary ruling on them. She hasnt given a ruling on what Executive Privilege is or is not. He can say this is what the law is on Executive Privilege. And trump does not have any Executive Privilege on these state secret National Security documents and get that in the record and get the case moving. So if it if the 11th circuit doesnt stay, which im sure its going to 11th circuit by close of business today, if they dont do something we can Make Lemonade out of the appointment of judge dearie. Ken where does the Justice Department go from here . Its very likely they will appeal and ask the 11th circuit for what they asked this judge to temporarily stay the order she issued, at least for the purposes of using the classified documents in the Criminal Investigation. The good news here be jose, this judge did instruct judge dearie to review the classified documents first, so presumably this could go quickly and this could be a speed bump rather than a roadblock in the fbi investigation. And the fbi is continuing to talk to witnesses about important questions like how did the documents get to maralago, what did donald trump know about it, why did trumps lawyer lie to the Justice Department and say there were no longer classified documents and they found some . Those are the questions in this case, and those questions continue. Thank you all for being with us this morning. Up next, President Biden is set to meet with the families of Brittney Griner and paul whelan. And well talk to colin alred. Ukrainian authorities make a grim discovery after recaptuing an eastern town from russian forces. Youre watching jose diazbalart reports. Watching diazbalart reports so my husband just stopped taking his medicine. And then he had a stroke. I cant get back what i lost, but thanks to aarp, a new law will protect seniors with a cap on their prescription costs. That could have changed everything for us. 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Ukraine Officials Say they have found a mass burial site with hundreds of graves near the city of izium, which was just reclaimed from russian forces. A Police Investigator told Sky News Forensics will be done for every body at the site. It could be the largest grave site since the war started in february. Me meghan, good morning, what more do we know . Reporter jose, good morning. We know this happened in izium. This is a place that president zelenskyy just visited days ago, to give you some perspective here. Investigators found 17 Ukrainian Service members in a mass grave and they had a noose around their neck, investigators say, hands tied behind their back. And throughout the forest thaw found hundreds of others who had been buried because their neighbors wanted to lay them to rest. There are entire families buried together. They may have died because they were tortured. They could have died because a missile collided into their house. They could have died because of starvation. The reality of the situation is that Government Officials here in ukraine knew that what they were going to find in places like izium and the Kharkiv Region in the northeast and down in the south in the Kherson Region would be worse than bucha, what we saw there shocked people around the world, women were raped by the russian soldiers, there was torture, people were killed in the middle of the street. Because the russians had occupied these regions for longer. Kharkiv and kherson, the russians have been there for months. This is trying to liberate the communities because we dont know whats going on inside until theyre able to push the russians out. Theres a man who survived torture, he was tortured in the basement of a Police Station and i want you to listen to what he had to say. They made me hold two wires attached to an Electric Generator he says, the faster you spin it the higher the voltage, they kept spinning. Reporter the unimaginable, really. We know that there are more than 30,000 War Crime Investigations that have been opened, some 20,000 of them are for civilians, jose. And the invasion began the 24th of february. Meagan fitzgerald, thank you so much. And to the white house where President Biden will meet with the wife of Brittney Griner and the sister of paul whelan. Nbc news reported the u. S. Has offered to exchange them for viktor bout. But Officials Say they want numerical parity but have not come up with a serious counter offer. Carol lee joins us this morning with more. What is the goal of these meetings . Reporter jose, the president is trying to demonstrate here that he is engaged on this issue, that hes focused on it. That this is a priority for him to bring home these americans and hes going to convey that to them directly. Hes been under a lot of pressure to get these Americans Free from not just the families of paul whelan and priority but but all The Americans that they say are from around the world. And now sitting down with sister of Paul Manafort whelan and the wife of Brittney Griner. And were told hes going to have that conversation and try to convey this is something hes focused on. The white house said hes regularly briefed on this but its something that has really risen to the top of the president s Priority List with all of this public pressure. And so, he has spoken to both of these families on the phone back in july but this is the first meeting theyll have in person. Theyre going to be two separate meetings jose and this is the first time that the president is doing that. Carol lee, i thank you so much very much. With us to continue our conversation is texas congressman, colin alred who has been in touch with Brittney Griners family. What do you think Brittney Griners family is hoping to get from todays meeting with the president. Good morning, thanks for having me on. One of the things ive appreciated about this president is his ability to empathize with others. Hes been through tragedy in his life and knows what these families are going through, and hes going to try to make them feel better about the efforts the United States is making to bring their loved ones home and also show that were doing everything we can and that he cares. And that matters when your Family Member is retained wrongfully abroad, just knowing the person at the top cares really, really matters. And what have you and your office been doing to help this situation . Yeah. We have been in regular contact with the State Department and getting briefings from them on our efforts to try to negotiate with the russians. What were trying to do at the congressional level is make sure the State Department and the folks responsible for the negotiations here understand we support them in the swap we know has to happen. Its going to be a difficu

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