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To the 11th circuit and that does not apply under these circumstances. is that the way you read it? >> right. first of all, you have a full appellate court, circuit court. you only have several of them at a time that listen to cases in order to expedite review of matters. as opposed to waiting for everyone to hear a matter, they have different three-judge panels to review different cases. this is one such issue. if an en banc decision was issued, they want to go to the entirety of the circumstit cour. normally you can do that except for now there's a new rule as of this year in the le11th circ...

So like i said, this really hasn't been a good day for donald trump on the legal front, and the monster civil fraud lawsuit against him by letitia james may be what he cares about the most because she als that the trump organization, the company that he put his name on is a giant fraud. i want to bring in meeichael cohen, author of the upcoming book "revenge, how donald trump weaponized the department of justice against his critics" and host of the mea culpa podcast. you tried to tell us. >> i did. five years i've been shouting it from the rooftops.

Blah, so on, so on and so on. so what impact does the doj appeal have on what the special master is deciding now? >> well, it's limiting now. you know that tina turner song "what's love got to do with it," don? now what did those classified documents have to do with your discussion about what might be privileged. that's essentially what the appeals court said. you've got these 100 documents that are about classified materials, have these various labels on them that say, look, you're not supposed to look at this. by allowing a special master or anyone to see it but under the pretext of i'm look...

Doing. but what she at least appeared to be doing was saying, okay, this investigation the doj is doing, you are not going to have access to these documents, but the damage assessment, this intel damage assessment about hey, with these documents being floated out there, how much damage was done, that could continue. now doj is coming back and saying, actually, no it can't. that's not how it works, and it has actually stalled it. is that, you know, believable point, does that make sense to you that they're saying that? >> well, i mean, we don't usually say this, i have no idea whether it is a b...

Guess what, highly classified information, we need to get the fbi involved. trump's team says please don't because we object on executive privilege. archives says we disagree. now doj gets involved, now we are into june this past summer where doj and investigators start going down to mar-a-lago, meeting with trump's teams and finally serve a subpoena which is the easy way to do things, give us the rest of the documents. they get more documents but still not all and only then, two and a half weeks ago, does the fbi go in and do the search. there's been some criticism why did they do this search...