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just hours from now a high-stakes hoe doun in a florida courtroom. i'm john berman with brianna keilar and this is a new chapter in the battle over sensitive documents recovered from mar-a-lago. the immediate issue whether a special master will be appointed to oversee the documents that were seized from donald trump's beach house by the fbi. donald trump wants a special master. the government insists there is no need for one. a judge will hear arguments at 1:00 p.m. eastern time. in the blockbuster filing from the department of justice tuesday night the doj argued that the appointm...

investigation. let's break down what each side is arguing before this judge right now. cnn's sarah murray is leading us off. sarah, walk us you therough it. >> reporter: ana, this is going to be the continuation of this court fight over whether there should be this third party to go through what was seized at mar-a-lago. the justice department has argued that this is not a necessary step. they're saying that the trump team pushed an inaccurate narrative about the search and that putting a special master in place now when they've already gone through the material is just going to slow...

diana. the tribute 25 years after her tragic death >> announcer: this is nbc "nightly news" with lester holt. good evening an otherwise tight-lipped department of justice is speaking loudly through its court filings. overnight shedding glaring new light on its search of former president donald trump's mar-a-lago home and revealing why it believes that trump team has intentionally misled the government about the whereabouts of the items recovered during its search government lawyers releasing a redacted photo showing documents and classified cover sheets they said were recovered in ...

already done what the special master would do. a separate filter team has gone through the documents. pierre thomas standing by on the investigation tonight. dan abrams also here on what may be coming next. also tonight, the major news on covid. the new booster for millions this fall here in the u.s. the fda now authorizing updated covid boosters from both pfizer and moderna, targeting omicron and the ba.4 and ba.5 subvariants. this could be ready in days. so, who should get one? your questions answered right here tonight. also this evening, the state of emergency in jackson, mis...

not have his raido in the hallway, telling the texas tribune he was unaware of the dispatch report. six minutes later, he's seen trying keys to open an adjacent door. none of which appeared to work. minutes later, more gunfire. but the police posture is again to hunker down, as arredondo attempts to speak to the gunman. >> sir, if you can hear me, please put your firearm down, sir. we don't want anyone else hurt. the videos released by the uvalde mayor just as the texas house committee released its damning interim report sunday on the law enforcement response, calling it chaotic, lac...