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-- about filling judicial post. if we want to restore some sort of faith and trust in our judicial system, at what point do we get around to bringing in an independent nonpartisan way of appointing judges? who better to ask and nancy, a former federal judge yourself, now law professor at harvard university. she joins me now. thank you so much for coming on the show. >> good to be here. >> what is your reaction to judge cannons approach to the special master request from the man who once appointed -- do you worry about her being the judge in this case? >> i have to start because we all have to ...

Justice department has its own internal review to try to keep any privilege issues from getting in the way of this investigation. and so what the special master request, if it is granted at that hearing on thursday, it would require someone outside to come in, look at the evidence, and determine whether anything the fbi has is out of bounds because of these attorney-client privilege issues. now, it's worth noting too, this would slow down the investigation that the fbi is conducting, but it's not something we haven't seen in the past. for instance, in 2018, the special master was used when the...

As well as it red lights to when trump is supposed to respond to the special master request that he's made. we'll come back to that and give you a chance to get through it in a really good way. for a deeper dive, i want to bring in bradley moss, a national security lawyer, john wood, former u.s. attorney and senior investigator for the january 6th committee, and phil mudd, former cia counterterrorism official. nice to have you here, gentlemen. you just heard jessica talk about just that alphabet soup and the idea of this being stuffed in different places like it's almost like a junk drawer. i ...

There is a team procedure set up in place regarding attorney/client privilege documents where the judge is the ultimate decider there. so i have trouble seeing that being granted here. >> do you see that as just simply buying time or trying in some way to kind of color public opinion just by, you know, the former president putting it out there? >> i think the latter. it really, that last filing regarding the special master really was the sort of thing that i would not let a junior lawyer under my supervision submit to the court. it was kind of all over the place. a lot of just, you know, p.r. ...

Cnn crime and justice reporter caitlin polance has been covering all the twists and turns. what did we learn from this response? >> this is a federal judge, eileen cannon in the southern district of florida telling donald trump's team she needs more information before she can consider this special master request that he wants to have someone to make sure the doj is handling that evidence properly. she ask asking the trump attorneys to seek the precise relief sought. the judge is also asking them to explain why the court has jurisdictions, what legal standards apply here. so what the law is tha...