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president trump to fight as commander in chief. also, former president trump making an emergency request to the supreme court asking the high court to intervene in that dispute over materials the fbi seized from mar-a-lago over the summer. they request the 100 or so documents become part of the special master s review. and next hour, president biden and jill biden will head to florida to var the destruction in the wake of hurricane ian so far claimed 109 lives. the president will meet with florida governor ron desantis. also he ll speak with homeowners, business owners, people that have been wiped out by the storm. we ll get to that in a moment. first, let s begin with our cnn law enforcement correspondent on this on what was a secret reporting played in this second day of the oath keeper s trial. what more can you tell us? this is a huge moment very early on in the trial. the doj is passing this audio recording as proof that these five people on trial for conspir ....
Wins. i do want to ask you though about a part of the argument trump s lawyers are making to the supreme court that i think is interesting. so doj says, no, these classified documents can t go to the special master because that could harm national security. what trump s lawyers are saying is how can you make that argument while at the same time arguing you want to be able to use these documents to present to witnesses, to present to a grand jury? you know, how do you square the two? do you think they have what do you think? sure. there is nothing uncommon in the justice department. i worked there for six years throughout my career. there is nothing uncommon in there being both national security and criminal justice interests in the same piece of evidence. and the mere fact that something might affect national security doesn t mean the prosecutors or grand juries can t see it. there are rules and regulations and laws of governing the security of that information even when using th ....
There where he expected to be briefed by florida governor ron desantis. of course, the two men have many political differences between the two of them. but the white house is insisting that this is a moment where they re going to put politics aside and focus on the recovery and rescue efforts that are under way in florida. the president will also be meeting with small business owners and individuals who were impacted by this hurricane. and it also thanks local, state, and federal officials who have been working tirelessly on the ground there. he is also expected to deliver remarks while in ft. myers. but certainly this is a moment for the president to once again put on his consoler in chief hat as he visits with those who have been impacted by the storm. and also sees firsthand the damage that has been brought by hurricane ian. the president, of course, has said this is not just a crisis for florida but an american crisis and has pledged that the u.s. and federal government will be the ....
That is not accurate. if the supreme court agrees to take up this emergency request, they need you know, they have they have certain criteria they have to check off to grant a stay. one of those criteria is that they agree that this could cause irrepairable harm to the former president if they deny a stay. how high a bar is that? it s a pretty high bar. number one, a likelihood of success on the merits that they think he would win anyway. and, two, irrepairable harm. no what could be the irrepairable harm to an individual that doesn t have a personal property interest in these documents? these are no matter what you think of the former president or anything else, these are marked national security documents. they are not his personal property. so you can t really make the argument that by taking them away he s harmed in some way that it would be, for instance, if it were a passport or, i ....