0 ukraine are determined to survive. whatever happens next. tonight, the justice department's appeal of a trump appointed judges ruling in mar-a-lago documents case. why they want part of the decision overturned, and what it could mean for the investigation. plus the atrocities of war. a mass grave discovered as ukraine retakes a key territory once held by russia. president zelenskyy's former press secretary is here. then, viral videos of joy. young black girls reacting to the new casting of the little mermaid. why this representation is so important, but not without backlash, as the 11th hour gets underway on a friday night. good evening once again, i'm stephanie ruhle and we have breaking news and a legal showdown over those classified documents seized from donald trump's florida club. the fight over those highly sensitive records now held to a federal appeals court. just hours, ago the justice department filed its appeal for part of aileen -- ruling. the doj is asking the appeals court to block cannons order preventing the justice department from using -- classified documents recovered from mar-a-lago. on thursday, cannon named another judge, judge raymond dearie i special master in the case. she wants him to the finish going through all 11,000 documents -- taken from trump's club, by november 30th. and he is already getting started. today he told both the doj -- and trump's legal team to appear in court for a meeting on tuesday. meanwhile, the washington post reports that donald trump's team misrepresented the documents taken to mar-a-lago. the post writing this. 100 classified documents, in 15 boxes for the former president's mar-a-lago club, they were told that none of the material was sensitive or classified, and trump only had 12 boxes of, quote, news clippings. according to people familiar with the conversations between trump's team and the archives. earlier this evening, congressman eric swalwell spoke to my colleague chris hayes about the possibility of trump still having classified documents in his possession. >> are you convinced that the fbi has everything that he might have at this point? >> no. no chris. is he has top secret documents. on the other side of his possession of that we would want to know what foreign nationals has he been in contact with? what foreign nationals in mar-a-lago has he been in contact with? >> i want to know all of the above, and with that let's get smarter with the help of a superstar, camilla cattle joins us, and former acting solicitor general during the obama administration. he's argued dozens of cases before the supreme court. harry lippman joins me right here -- and charlie savage is here, washington correspondent for the new york times. offer of power wars, the relentless rise of secrecy. within the last few, hours you wrote the breaking article covering all this ruling, we need to know? >> so, the bottom line is that the justice department had gone yesterday to the federal judge, who imposed a special master. and said look we could acquiesced to there being a master, we can acquiesce -- but we can't live with not been able to have immediate unfettered access to the hundred or so documents marked as classified. please stay that portion of the order, just so we can keep investigating those documents, and she said no. so tonight, they went to the 11th circuit, the federal appeals court that is based in atlanta, and they asked them to stay that portion of the ruling, that would allow them to resume unfettered access, just of the hundred documents with classification markings, which they say is important for a variety of national security reasons. >> when you think is the most important thing you learn tonight? >> well i think the most important thing is that the justice department is fighting this. they gave this judge a chance, a lifeline. because, her two decisions are literally the two most atrocious decisions i've ever raised by a trial judge. but they're really really pathetically bad. and the government said look these hundred documents are highly sensitive national security documents, and there's three reasons why, judge, you should at least let these documents, allow us to look back at them. one, is because we need them for a criminal investigation, because where the subject of the investigation. to, the really important to our national security -- sources and methods are compromised. and three, they've told her there is no chance in the world and donald trump owns these government documents. these are classified, highly sensitive documents. and donald trump, you're watching a little too much british tv about prince charles, trying to think your king or something like that, no chance. that you own these documents. those of the three documents, the judges blew them off yesterday, and so the justice department today filed essentially the same brief, as what they fall before her say no chance these are trumps documents, whatever you think about the special master, and even bill barr called that trump's response there a crock of the s-word. and, here this is double crocs, this really. that this moose heads into part of that. or the justice department hussein is whatever you think of a special master in general for attorney-client information, where this or that for these hundred documents, there's no chance in the world in need a special master. and that is a very strong appeal, steph. >> but neil, here's what i don't get, it doesn't actually matter what bill barr says, he's just a tv pundit, an author, a private citizen. you can call the judge cray cray all day, you can call her ruling atrocious, but she's the judge. she makes a decision. and like king charles she's on the bench for life. >> yeah, i mean, i'm not gonna characterize or motivations i don't know what they are. she's just wrote really a terrible ruling, and the one good thing about the american legal system, is that there is a court of appeals, and this court of appeals will take a look at this, and it is incredibly hard, steph, to think, but this legal reasoning can survive. i think of top more than 2000 students in georgetown law school, i can't think of one student who would write a worse opinion than this thing. oh >> wow, harriet what do you think? >> i think it doesn't like it. >> harry's assessment, neil cat yelled doesn't like it. >> but it's more than that. and -- look at not a matter of sort of liberal versus versus conservative judicial philosophy, it's not a matter of a slapped on fact it really is a completely incoherent opinion. so i know, it's been trash right and left. but really with trusted justification. it's a conservative court, but is the same kind of argument. they say look, let's go back to first, principles he sued under a special statute that says i have a right to have these and the department is just come in as they did before her and said, no way, no how, forget about, it eight ways to sunday. and it's just right there. the one thing that she said to sort of go his way is a shoe david's argument, and this, is it i'm not giving it. maybe they're not classified, even though the government says they are, imagine if we ran our classification system that way, with the government in the executive branch made a decision, but it is sort of a recommendation for a district judge in palm beach florida, it really is a matter of, he's got no way out of the gate, and therefore -- for these hundred, they're been very supportive strategic and temporary and modest for these hundred. there's no way, even, try to give legal reasoning for him, and it was time arabesque. >> neil, andrew weizmann wrote this down and basically said, imagine you are fired from her job, and before you left that job, you stole the most precious, valuable things from her company, you took those items to your house, months later the company says you have to get the stuff back. you say no, i don't have, it you don't give a, back then gets pulled back, and then you then sue the company saying, i'm gonna do that stuff back, belongs to me. is that what trump is doing here? >> yes, and even worse, this concept of irreparable harm. -- they wanted the relief from the ridiculous rolling. in order to get that you do need to show some irreparable harm. it's a strong a case is a summation-able. what they are saying is that right now, we have spies in the fields, and then some of the maybe work for foreign governments or who knows what their day jobs, they're risking their lives to give the united states information. now, if you're one of those spies, and you now know that donald trump brought home these highly classified sensitive documents about human source information, and lord knows who got to see those documents, if you are that's by, you're not gonna want to be providing information to the united states government right now. you will shut up. and, you'll be worried that you make it killed. so the government was sir as ot national security implications what donald trump was doing, and they have to let yank those winds in the field to save their lives of their families lives, they need to do that. and what this judge that is oh, i don't really buy that sworn affidavit from the fbi and alike and it's done irreparable harm to donald trump. what was the harm to him? his reputation. because unlike you and we have steph she said he's a former president and they get special rights this is an american it's soviet it's bad as it gets andrew weizmann is exactly correct. >> do former presidents get special rights,, especially when as neil points out, this content could be putting peoples lives at risk? >> only in the southern district of florida. it's such an abrogation of basic principles, i just want to underscore one thing he said she had an affidavit in front of her the leaves it all out in chapter and verse. you are a public enemy, there is current danger to the national security, she just said i don't quite by it. and there is nothing on the other side, this is not, again, the sort of sober is a little liberal versus conservative, this is right versus wrong. >> how long can this take? there is one thing that donald trump likes to do, so the game, draw this out as long as possible. yes >> now their fellow disappear all, was a time? >> the process that she has laid out, not in the appeal, could be a recipe for real delay with the special master going through executive privilege talks. as neil, said they will file for an emergency state, that's a few days. and i expect they're gonna get it, so we're -- then you freeze the linebackers and you do for their arguments but thing she has done, but the number one thing they want -- >> let sock about the -- what's not all about? -- >> that's just step. when he's got ten days to come up with the schedule, based on our order and maybe add another five days to object. it's a process that is going to unfold for months as you mentioned she gives him a deadline of november 30 to wrap this up, it austrian with the trump team looking at each and every one of those 11,000 plus documents and making it initial 's assessment about what they think he should categorize it as it is a case though that she gave him an instruction and it's something of a concession to the government she gave them an instruction to start with those hundred documents. she suggested to issue an interim report saying this is what should happen to the hundred documents, and then she might let them have access to that, it's possible they can get what they want even if it's not through this emergency state process, now all the way the back end of november 30th, these documents. and really for their obstruction case, for their criminal case of defying a subpoena and saying they complied with, it they only need one document that is codified to do that. >> that's separate from the national security review we've been talking about, we need all of them to analyze the pattern is, trying to realize if there's any more than that are missing, they might have taken in those empty folders the vince talked about so much. -- to something that could be much earlier than november 30th, stephanie? >> yes just both of my colleagues, here are so fabulous, i don't think they're quite thinking like trump so if you're trump, the whole game name of your game's delay. and yes, for charlie, there's a special master deadline of november 30th. that's just a deadline by which this special master is supposed to report to judge cannon, and then he goes to her, and she gives event if realize she wants, and decide whether or not she agrees with the special master. from there, donald trump can appeal to the extra circuit, and from the loser kinetic peel that the u.s.. it's also true about hillary lane's point about the stay. so the state could be decided on these hundred documents and could be decided by the course of the week. but i expect the loser of that litigation shelters are going to the united states supreme court. it's on an emergency basis,, so it can be done pretty quickly, i do you think within two weeks we will have resolution of the hundred documents. as as a special master as a whole, though, we are talking about a car -- has ever gone in this. but he somehow has managed to get it from judge cannon, it's a recipe for delay, that's why would the government's done here is so smart, by surgically taking out these hundred documents and saying let's decide that on an emergency basis, as not-so-as rest of the ruling, as we can talk about that later time. >> what do you think about that? >> sort of. i it's true that an emergency state can go very quickly. of course the loser can. >> can but doesn't necessarily have to go. >> yes, but i really think the state. there's nothing meritorious about it. it's straightforward. i don't see the court taking it. but the point meal was just raising, which is the process of executive privilege review? let's review under completely unsettled law. and you can see that working its way up amorphous lee, finally to the supreme court. now the court really ought to not review it because of things said before it and you put them together at, it's not meritorious. but a couple of justices including kavanaugh. has indicated some interest in the issue so yes, there is a state of affairs where that issue goes up, and then we are talking a year. but the state itself, and the ability to get to work and to assess the damage and to go forward on a criminal investigation. that really ought to be done if the 11th circuit is responsible, within a few weeks. >> gentlemen, this is really important and complicated stuff. i really appreciate all of you joining us tonight. especially the jacket and tie on a friday night. and let me be clear, you turned it out tonight! bravo to you! >> student i. it will get me in trouble. so i dressed up in an hindu version. >> he used to wear a taco down to his knees. >> well, on this friday night, i absolutely appreciate it. neil kathy all, harry lippman, neil savidge. thank you all very much. when we come back, democrats are running hard after a big week when republicans introduced a national abortion ban and have yet to come up with a plan on inflation. they're here with a rare view from the center of american product takes. and later, zelenskyy's armed forces scored a big victory in ukraine. and then he went to the frontline! the message that sent to russia's ahead with zelenskyy's former press secretary. the 11th hour just getting underway, on big news friday night!