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Washington. We begin with a Fox News alert. Hurricane helene as strengthened to a category 4 storm with winds up to 130 miles per hour. Its expected to bring a potentially unsurvivable 20foot Storm Surge and major flooding later tonight and the states big Bend Region. We are praying for everyone in the Storms Path in florida and we bring you the latest updates we will with reporters on the ground throughout this hour. But, first, should have stuck with joe. Thats the focus of tonights angle. Now, for years, at public appearances, Joe Biden was repeating limbself, often speaking in gibberish. T...

on, and sat down. >> you know the breaking news beckons. >> yeah when, the breaking news beckons. >> thank you, victor, i'll see you tomorrow. this is don lemon tonight, and won't be long now, because it's got to happen before midnight, any minute now we're expecting the doj's response to team trump's request for a special master to drop. and this is not just some routine paperwork, it's going to get a lot here. it's gonna be a, doozy so you want to stay tuned. again, it's supposed to happen before midnight, so it's supposed to happen in the hours that were on. now the justice depart...

pages that they usually have in the southern district of florida tell us the justice department believes they need to talk, they need to say some more about what the former president was alleging in his lawsuit against the government asking for the special master. there are a lot of things that the former president said in that filing, obviously a lot of it are his grievances about how the fbi in the justice department are biased against him. but some of it was about how cooperative he has been with this effort to get these documents back. so, i think you're gonna hear a little bit m...

to donald trump's lawsuit requesting that a special master review documents retrieved from his palm beach home. donald trump sued the justice department last week to stop the review of those documents, in a move many are seeing as a delay tactic. in that lawsuit, trump's lawyers claim that he always gave the government complete cooperation. the justice department has until midnight tonight to respond to those claims, and by all accounts they sure have a lot to say. yesterday, the department asked the judge permission to go beyond 20 page filing limit, and submit a 40-page response. 1...

information classified at the highest levels. for context that's more than twice the amount that had been handed over in june after a grand jury subpoena. some documents were so sensitive government officials needed a higher level of security clearance just to review them. the doj says government records were likely concealed and removed and that efforts were likely taken to obstruct the government's investigation. we will find out what that could mean and why those seized passports may actually be relevant after all. here is what we don't know at this hour, how will trump's team r...