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Relief to catch this case likely gets called a shadow docket. what were the full court, without proof a case, without hearing gets, kids simply reject it and for it the 11th circuit to continue with the review that it has undertake it. >> to that point i want to emphasize this. there is concern circulating about the idea that clarence thomas, because he's the justice from the supreme court assigned to the 11th circuit where they mar-a-lago drama is unfolding, that justice customarily make a decision on his own that would favor donald trump. from what i'm hearing from you that would not be the ...

Justice thomas is the justice in the 11th circuit. they allocate one justice to each of the circus, and they try to keep them in the area that they come from. justice thomas is from savannah, georgia which is in the 11th circuit which is why he looks at those cases when they come up. once suspects that the likely outcome is that the former presidents motion will be handled on the shadow docket. we'll be very unusual of justice thomas handled this on his own and issued and in chambers opinion. far more likely that this goes to the full court we get some kind of a shadow docket decision. one sus...

Putting some kind of emergency stay in place here? >> yeah, he is assigned to the 11th circuit as their circuit justice. ian sherr as such as justice roberts is thinking today trying to protect the legitimacy of the supreme court, the last thing he need is this dispute being presided over by clarence thomas. but there he is, because he is assigned to get circuits, so this is what's referred to as the shadow docket. this is not merit rethink the way that they get cases to the usual processing, where they agreed to hear a, case full break briefing, full oral arguments. instead, it comes to them ...

They will not entertain. and as judge cannon, who i think has taken unfair rap, said in her original order, what this may entail is a brief pause. but so what? the real question is not going to be these hundred documents. the real question in six months is going to be whether or not the former president should be charged. that's going to be the real question. >> that's what i want to ask you. you don't think the supreme court will even take it off? >> i do not, i don't. >> why not? >> only because it's a narrow standing issue. and it's an issue of what's called an inter lock tory appeal, wheth...

's legal team gives him some evidence for why this isn't classified, so far they haven't, he's already said, i know the law on this. i know we defer to the government in protecting our national security. so it's hard to imagine his review finding something different from what he's already said. >> melissa, can i ask you about the supreme court in all of this? a, are you surprised that the court has given the department of justice a week to respond? and to, given how politicized this court's and in specific court justice clarence thomas, any chance we can see thomas recuse him self in this case...