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Jose Diaz-Balart Reports

tom, dave, thank you, both, for being with us this morning. appreciate it. up next, we're going to have two nbc news exclusives about president biden. new details about the special counsel's investigation into biden's handling of classified documents. plus, a fellow democrat set to skip a major white house event as he considers challenging biden for the white house. we're back in 60 seconds. you're watching "jose diaz-balart reports" on msnbc. os u're watching "jose diaz-balart reports" on msnbc. rsv can be a dangerous virus... [sneeze] ...for those 60 and older. it's not just a cold. and if you're 60 or older... ...you may be at increased risk of hospitalization... [coughing] ...from this highly... ...contagious virus. not all dangers come with warning labels. talk to your pharmacist or doctor... ...about getting vaccinated against rsv today. shingles. the rash can feel like an intense burning sensation

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Jose Diaz-Balart Reports

influence or influence on voting machines. that type of thing might be classified that might come from some other government entities, other members of the intelligence community. sounds like that type of stuff will be deemed sensitive here. there is an ongoing discussion and since it appears it is still midstream, i don't want to get into it just yet, but there is a discussion about the january 6th select committee in the materials that they were able to uncover and are those going to be treated as sensitive or not. we'll continue to follow this here as we talk. >> and, tom, i remember, it is a lot easier to have you on the set than when you have to run in and out of a courtroom and live on the air on msnbc. i'm wondering, very quickly, if i could, tom, on the prosecution pushing for the january 2nd election date, they want that -- the trial to begin on the 2nd of january, what can we expect trump and his team to do? >> i imagine they would point to what we're looking at right now, this election calendar, the

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Jose Diaz-Balart Reports

deranged crack head anymore. so the gag order would be broader and that has not happened yet. i think a partial gag order would come down the line. trump is running for president, how can we forget, and he does have the ability and the right to speak about campaign stuff and political stuff. at some point it does cross into witness intimidation and that's the line that everyone is going to be watching. >> and so, tom, go ahead. >> prosecutors have to apply for a gag order. that, in any case in the system, is something that is very, very rare that it is even applied for let alone granted by the judge. quick update from the courtroom, the materials obtained by the special counsel's office from other government agencies and i can think of a couple here outside of the justice department and the fbi, those will be considered sensitive materials under the protective order. it is possible, this came up in a january 6th committee, that there was an odni report and intelligence reports that looked at the possibility of foreign

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Jose Diaz-Balart Reports

now to breaking news from washington where a federal judge just ruled moments ago that a protective order in the election interference case against donald trump will only apply to sensitive materials and not all evidence. this just happened during a hearing with trump's lawyers and special counsel jack smith's office on what trump and his lawyers will be able to say about evidence gathered during the investigation. trump himself is not at today's hearing. this comes one day after the special counsel asked the judge to begin trump's election interference trial on january 2nd, less than two weeks before the iowa caucuses. trump's team will come back with a proposed timetable before another hearing on the 28th of august. former president reacted on his social media site calling the january 2nd date quote, maximum election interference and it should happen after the election. with us now to talk more about this, nbc news investigative reporter tom winter and dave

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MSNBC Reports

himself in tomorrow. details on that case. and this afternoon, a reunion at the white house. former president barack obama and first lady michelle obama returning to visit the bidens. going to be the start of a bigger role for them headed into the midterms. we'll start with the new revelations about the documents seized from mar-a-lago. i want to bring in correspondent julia ainsley, reporter tom winter. clint watts a former fbi special agent and consultant. and charles coleman, a civil rights attorney and former prosecutor. julia, good to have you here with me. first of all we want to talk about how the post previously reported that agents looked for nuclear documents at the time trump's team said this is bogus. we know that after this reporting there's a new statement out, too. a spokesperson blasting the reporting quoting "the

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Morning Joe-20220202-12:06:00

impacting keeping in mind the criminal justice concerns that people have. i think this is only getting more complicated, in speaking with former nypd commissioner, he said people think a new mayoral administration, new police leadership in new york city, new das in some boroughs, specifically in manhattan. now things can be changed. crime was going up. he said, i don't think you can flick a switch like you did in the days of rudy giuliani and bill bratton and other examples across the country. i think that's starting to bear out. >> yeah. i think it is starting to bear out, too. tom, you bring up such an important point about the das, not just in new york city but across the country. you look at philadelphia. you have people that go in that, i'm going to say, not you, this is me as a conservative, i believe they have a soft on

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Morning Joe-20220202-12:04:00

york city than there was 12 years ago for all crime categories. joining us now, nbc news investigations reporter tom winter. tom, what's behind these numbers? do we know? >> well, i think it's a couple of different things. as we go down each one of those categories you just listed and that we looked at, we could spend in congratulations of the show going to four hours, we could talk about all the various factors that could go into play. it is a complicated issue. it is a nuanced issue. i think a couple of things to keep in mind. one, the relationship in some boroughs of new york city and in somewan counties between the poe and district is as bad as i've seen it since i've been covering this a decade ago. it's an issue of concern, when you don't have cases that are necessarily being prosecuted. you have police officers who are trying to figure out the new

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Morning Joe-20220202-12:12:00

former commissioner bill bratton, before he took that job, talked with us at nbc news. he said, you know, he likened it to the cancer patient. there was these really tough on crime policies that were still being applied to new york city. it's kind of like the cancer patient who is recovered from cacer and they're still going back to the doctor for chemo. enough is enough. it'll come down to the police department to figure out, okay, how are we going to use these units not to go back to the days where you have to stop somebody just to stop somebody. you're repeatedly stopping people in minority communities because you have to make a quote of how many people you're going to stop that day. these are challenges for them. on the other hand, if you're going to get illegal guns, you're going to have to interact with people. some of those interactions have turned deadly, too. >> nbc's tom winter, thank you is o much. >> thank you, tom. >> eddie glaude, let's have a discussion about policing and about crime and about victims of those crimes. you know, tom brought up an

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Morning Joe-20220215-11:08:00

deflated the price of properties, or does it mean someone further down the line doctored the documents and changed the numbers? >> it is the right question and probably too soon to say. accountants will tell you they're only as good as the information they're provided. so if they were provided with the wrong types of information, they were not provided with the underlying documentation or somebody instructed them to make material changes to it, those are all the types of things we will have to see what comes out in the course of these various investigations that you referenced. >> john, what's your take on it? >> well, the document that they released last night, if i read that document right, suggests that the accounting firm has already provided over 500,000 pieces of documentation. >> right. there's a bates number in the lower corner. >> which means there's 525,000 at minimum, which is a very large number. the second thing is that -- and this i'll ask you, tom. i saw some speculation from other legal experts last night that the conflict of interest could suggest that the accounting firm is now flipped

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Morning Joe-20220215-11:43:00

>> right! >> they brought new information before. you mentioned something interesting about merrick garland. one of the things that happened towards the end of the trump presidency is when bill barr was attorney general, he made him a special counsel. that means that merrick garland if he can upset today, if he is angry about this it doesn't matter because john durham is there. he is special counsel. it is really not a position, and i know some people will say, tom, there are various ways that he could be removed, but for all intents and purposes he's a special counsel. he's there and he does not necessarily have to report or do anything for merrick garland and he doesn't necessarily have any control over him. >> so everybody stand by. this is complicated. it is important to get it right. we have a journalist who has been following this, also a cyber and homeland security expert at the same time. so we will talk to her when we come back. stay with us on "morning joe." come back. stay with us on "morning joe."

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