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Four dominated. six of seven trump nominees. and five more republicans, for more democrats. they could be in difficult territory here, kate. >> and doj also asked the judge for a partial stay. what does that mean? >> a stay is essentially a pause. what doj has said to the judge is, while this is all working out, while we may be pursuing an appeal, judge, we want you to pause a certain narrow portion of your ruling. doj request states to only about 100 classified documents out of the 11,000 documents total. doj argues there's no privilege claim over classified documents, and, judge, you cannot ...

Privilege claim is, frankly. >> the reality is, is it's not really worth too much time trying to figure that out, because asserting the privilege claim against the privilege shoulder, in this case the executive. it doesn't appear to carry much water, and i think what we're gonna see tomorrow from the justice department is a very vigorous assertion of that fact. and so probably we should wait to see what that is, and we'll see how strong the departments view is that the bigger issue. >> so these filings seem sort of essential, they're in attempt to delay or throw something at the wall and see i...

But, elliott, i want to get to you on this because this letter that evan was just discussing also talked about the privilege claim. it says, the assistant -- the attorney general has advised the archivist that there's no precedent for the assertion of executive privilege by a former president against an incumbent president, especially when the materials involve national security documents. >> there's two issues. number one, it is the assertion of privilege as they say in the letter when the current president hasn't asserted it and, number two, the point is preventing the desantis clesh you hav...

To turn over written records to the national archives, he did say, quoting from that decision, a former president must be able to successfully invoke the presidential communications privilege for communications that occurred during his presidency, even if the current president does not support the privilege claim. he does go on to qualify that to some degree to say to be clear to say that a former president can invoke the privilege for presidential communications to occur during his presidency does not mean that is absolute or cannot be overcome. as you know this court pretty well, and as you ...

Arguments to proffer. >> now, to be fair, the supreme court is different than when it ruled on this in '73 related to nixon and when it ruled again during the clinton investigation. he want to highlight a comment that brett kavanaugh made when the supreme court was considering handing over written records to the national archives. this is back in january. in that decision, kavanaugh wrote, a former president must be able to successfully invoke the presidential communications privilege for communications that occurred during his presidency even if the current president does not support the priv...