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Privilege and get a ruling on this idea that executive privilege exists as against the executive branch. it seems like a nonsensical assertion of executive privilege, and let's just get that decision decided by a court, and then we can all move on. there is no need to categorize all 11,000 documents. and there's no executive privilege, we can just get them back and we can begin our investigation. >> charlie, in honor of things we have lost track of, how about the battle of the special master even existing? where are we in this fight? >> that's part of what this request for an expedited appeal ...

If so, where they can narrow the issues to attorney-client privilege and get a ruling on this idea that executive privilege exists as against the executive branch. it seems like a nonsensical assertion of executive privilege, and let's just get that decision decided by a court, and then we can all move on. there is no need to categorize all 11,000 documents. and there's no executive privilege, we can just get them back and we can begin our investigation. >> charlie, in honor of things we have lost track of, how about the battle of the special master even existing? where are we in this fight? >...

Basically backing trump? >> it seems that way from her opinions. it's hard to know exactly what her motive is. one thing that is odd here is that she appoints a special master and she is essentially delegated to him some of this work. he has fashioned an order, he has asked party to do certain things, he's essentially doing his job, what she asked him to do, and then she second guess is it and changes some of his directives and all of them favor donald trump. one is to not have to say, backup this claim that he has been making publicly that the fbi planted evidence at mar-a-lago. judge dearie ...

As you know, it is harmful when people are allowed to say false things about the fbi. it creates an impression in the public that those things are true. it undermines the ability for the fbi to do their jobs across this country every day. >> barb, late last night, the department of justice filed a motion to expedite the appeal. trying to hasten those deadlines that judge cannon now pushed out on her own. without anyone even asking for it. in addition, the doj to they want us to take a hard look at the hiring of judge cannon's order. that is in terms of the special master being appointed. i kno...

Them, don't answer questions, because i have executive privilege here in the justice department we assume are saying no you have to answer these questions. we don't get to see that because it's grand jury proceeding. that's playing out the chief judge in d. c. who oversees that grand jury. as we've been discussing in the special master matter in the mar-a-lago documents investigation, a big issue is that judge cannon, that trump appointee, said that a special master review could include whether documents were subject to executive privilege such that they should not ever be shown to the justice...