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getting up "way too early" ton friday morning and all weekend long. "morning joe" starts now. aides found classified documents inside his delaware home. he has had them for a while because a lot of them have to do with the louisiana purchase. >> the justice department is taking this seriously. today the attorney general appointed a special counsel to investigate biden's handling of the documents. i'm not saying biden is getting worried, but he just texted rudy giuliani, so you go, wow, that's not good. that's not good. >> all right. republicans get the special counsel they have bee...

Complex sensitive investigations with integrity, and the attorney general remains in charge as he would in any case, and so i don't see the appointments as necessary. i see the investigations as necessary. but not through the appointment of a special counsel. >> and just really quick before we get to republican reaction, chuck, what's the bar for appointing a special counsel, and is it criminality? >> well, that's a great question, mika. first the attorney general has to determine that a criminal investigation is warranted. and i believe a criminal investigation is warranted in both cases. doe...

And the president, i believe that this will actually highlight what is so wrong about the mar-a-lago case, the willful attempt to obstruct the taking of the documents and placing them at mar-a-lago willfully. what is the bar for special counsel, and do you think the biden case met it? >> well, first of all, mika, there's a great deal to be humble about in this because we don't know all kinds of things. and leaping to conclusions, there's partial evidence. there's a very inexact chronology. all of this will get down to, though not necessarily legally but practically and politically, what was th...

Warranted. i tend to think that merrick garland was right in both situations to appoint a special counsel. it gives the public as much as he can an assurance of fairness and balance, and here the department of justice in both matters, i think, is acting responsibly and independently. i think the real focus is on the white house. i think that we still have no evidence whatsoever that the current president did anything intentionally and willfully, let alone, as mika pointed out, obstructed justice. the two cases are likely to be quite different in the eyes of the two special counsel at the end o...

Which was a big shock. >> i like caleb. >> i thought caleb was great, but i don't think a lot of people expected him to win last night. >> oh, i did. >> did he really? >> two things. mika used the acronym ai which i didn't know. >> "american idol." >> that went over my head. and john legend. he is a big msnbc fan. >> he's a great guy. i'm not surprised he tweeted right back. we should have him on the show. he likes coming on. we'll bring in on and kate in. >> he's a great guy. i'm go i think to call it ai so i'm down with the kids on the street. >> i thought it was allen iverson. >> yeah. so w...