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quote, irrelevant to the contempt of congress case against him. that is set to begin next week. the doj wrote, quote, the defendant's sudden wish to testify is not a genuine effort to meet obl gigations, but a last-ditch attempt to avoid accountability. >> bannon's reversal comes after he received a letter from former trump that waives executive privilege, but new court documents show that an attorney for former president trump actually spoke to the fbi weeks ago and contradicted bannon's claim that the former president had invoked executive privilege over particular information or m...

we're already looking at this material, and we have got a process in place to protect it. >> reporter: in a new court filing, doj says it has identified a limit set of materials that could contain attorney/client privilege information. the progress report coming after former president donald trump's team asked a judge for a special master, to oversee the evidence uncovered in the search. >> we have a lot of problems accepting everything in face value that's coming out of doj these days. it's a very politicized place, i'm sad to say, and there's still a need for a judge to get involve...

>> reporter: just so they can kill the sons of other mothers. >> cnn international editor nick paton walsh is live for us in ukraine. nick, start with this referendum vote. officials say that some ukrainians are being forced to vote. how is that being done? >> reporter: yeah. some of this is clearly because of the implied pressure of being occupied by a military force of russia or in terms at time the direct pressure that appears. at the moment, ballot boxes are being brought to people's homes, suggestions they walk to polling stations. there is a great confusion on how this would pl...

we'll have much more on this latest action from the justice department. meanwhile, there's also progress this morning in the legal fight over the documents seized from mar-a-lago. the doj and donald trump's attorneys appear to be close to agreeing on a list of potential special masters for that case. and in ukraine, citizens and soldiers celebrating major gains against russian forces. but the latest intelligence from the pentagon says wart is far from over. the war is far from over. >> good morning. welcome to "way too early" on this tuesday, september 13th. thank you for starting ...

there's new reporting about the story that broke late yesterday, 40 subpoenas going all the way up to line to top people in trump's orbit. it's all about coup and insurrection. we have more on that. also something i told you about yesterday, bill gates is on "the beat" tonight in depth. climate change, inflation, public health, a.i., the metaverse. what he says we the west owe africa, not a conversation we have every night on the news. as well as a discussion about how mr. gates got somewhat involves in talking to joe manchin about what he says are good ideas by joe biden. so we're g...