Appeals Court Rejects Part Of Trump Judge's Ruling, Allows DOJ To Resume Doc Review

IT HAS BEEN A ROUGH DAY ON THE IT HAS BEEN A ROUGH DAY ON THE LEGAL FRONT FOR DONALD TRUMP, BECAUSE IN ANOTHER BLOW TONIGHT THERE IS BREAKING NEWS ON THE INVESTIGATION INTO THE CLASSIFIED DOCUMENTS OF TRUMP’S STATUS AT HIS MAR-A-LAGO HOME — JUST RULED IN FAVOR OF THE JUSTICE DEPARTMENT. PUTTING A PARTIAL STAY ON THE ORDER FROM TRUMP APPOINTED JUDGE REILLY CAN, AND THAT WOULD HAVE PREVENTED THE GOVERNMENT FROM USING THE MAR-A-LAGO CLASSIFIED MATERIALS IN THEIR ONGOING CRIMINAL INVESTIGATIONS. HARRY LIPPMAN IS A FORMER U.S. ATTORNEY FOR THE WESTERN DISTRICT OF PENNSYLVANIA, ALSO SERVED AS

DEPUTY ASSISTANT TO THE ATTORNEY GENERAL OF HARTMAN OF JUSTICE, HE JOINS ME NOW. HARRY, THIS RULING JUST CAME OUT, THE PREJUDGED PANEL WE SHOULD, SAY TWO OF THEM, THOSE JUDGES APPOINTED BY DONALD TRUMP. ALL THREE FINDING THAT FOR THE GOVERNMENT, GIVE US A RUNDOWN OF WHAT THEY SAID? >> YOU KNOW, COULDN’T BE MORE DEFINITIVE. THERE IS A MODEL OF FACT TONE TO IT. YOU READ IT, AND REALLY WHAT COMES THROUGH IS THAT THIS IS SO OBVIOUS. IT’S LIKE WAKING FROM A NIGHTMARE. WE HAVE PEOPLE WHO LOOKED AT THESE OTHER OPINIONS BY JUDGE CANNON, TRYING TO

EXPLAIN THAT THESE WERE NOT IN SOME SUBTLE WAY ARGUABLY RIGHT. THEY WERE COMPLETELY OFF THE RESERVATION. AND YOU READ THESE 27 PAGES, IT IS A

PRO KOREAN BY THE WAY. THE THREE JUDGES DECIDE TO SHOW THEIR UNITY BEING TOGETHER. THEY ALMOST SURELY HAVE BEEN WRITING IT OVER THE COURSE OF THE WEEK. SO CLEAR WAS IT WHAT SHE DID WAS WRONG. THEY JUST SETTLE DOWN AND REBUKE EVERYTHING SHE SAID. POSSESSORY WE CANNOT DISCERN THAT’S NOT WHAT YOU WANT TO HEAR IN THE COURT OF APPEAL, WE CANNOT DISCERN A REASON WHY THERE IS A POSSESSORY INTEREST. ANY

INJURY FOR HAVING TO BE SUBJECT OF A CRIMINAL INVESTIGATION, LIKE ANYONE ELSE. SHE HAD GIVEN HIM SPECIAL TREATMENT. FORGET ABOUT IT. ONE AFTER THE OTHER, VERY METHODICAL. I AM DRAMATIC. BUT WHEN YOU OF COURSE TAKE A STEP BACK AND SEE HOW COMPREHENSIVE IT IS, IT JUST COMPLETELY REBUKE EVERYTHING SHE DID. YOU KNOW? IT’S SOME RESTORATION OF FAITH AFTER A TRULY HEART STOPPING THE BAD SET OF OPINIONS FROM HER. WHAT THEY GET, BY THE WAY, IS EXACTLY WHAT SHE REFUSED TO GIVE THEM IN HER SECOND OPINION. THEY NOW HAVE THE HUNDRED CLASSIFIED DOCUMENTS. THEY HAVE TAKEN

OTHER THINGS OFF THE TABLE, IT ARGUES POORLY FOR HER CONTINUED MANAGING OF THE CASE. >> YEAH, I MEAN, NOT UNANIMOUS, BUT THERE IS AN UNANIMOUS SENSE AMONG PEOPLE THAT WERE WATCHING THIS CLOSELY IN LEGAL CIRCLES THAT THESE DECISIONS WERE REALLY WILD, RIGHT? THIS UNTETHERED ATTEMPT ON BASIC ISSUES. BACK-TO-BACK DAYS IN WHICH OTHER JUDGES HAVE BEEN BROUGHT IN TO DEAL WITH THE MATTER. GET >> STRAIGHT WAS A JUDGE WHO — — WH — WHAT IS YOUR FORMATIVE ARGUMENT THAT YOU POSSESS THE NUT THEY ARE NOT CLASSIFIED? WELL, WE ARE NOT GONNA MAKE IT. WELL, AND WHAT

YOU WANT ME TO DO GUYS? AND TODAY, YOU SORT OF SEE THIS SIMILAR IDEA. >> — WHO WINS, AGAIN, NOT A LIBERAL FIRST CONSERVATIVE, JUST JUDGING 101 OR EVEN ONE. AND SHE HAD FLUNKED IT. AND IT IS JUST VERY VERY SORT OF STRAIGHTFORWARD, SET THEM UP, MALL THEM DOWN. ONE PROPOSITION AFTER ANOTHER. >> SO I WANT TO JUST ONE POINT THAT THEY MADE. YOU MENTIONED IT ABOUT THIS IDEA THAT THE EXTRAORDINARY-NESS, RIGHT? OF THE STAY HERE. IN ORDER TO GET TO STAY TO GET THEM TO STOP AND COMMAND THE GOVERNMENT TO STOP INVESTIGATING, WHICH YOU

SAID ANOTHER SAID, LOOK, THIS NEVER HAPPENS. EVERY DEFENDANT, WHO IS NOT EVEN DEFENDING YET, HE’S NOT INDICTED, EVERYONE INVESTIGATING WOULD LIKE FOR A JUDGE TO DEFY THAT THERE IS IRREPARABLE HARM IN THAT THE INVESTIGATION. HERE THEY SAID, NO DOUBT THE THREAT OF INVESTIGATION, CAN’T WEIGH HEAVILY UNDER INVESTIGATION. WITHOUT FINISHING THE SERIOUSNESS OF THAT, BURDEN IF THE MERE THREAT OF PROSECUTION WERE ALLOWED TO CONSTITUTE IRREPARABLE HARM, EVERY POTENTIAL DEFENDANT COULD POINT TO THE SAME HARM IN BOTH THE EQUITABLE POWERS THAT DISTRICT COURT. MEANING, IF WE LET THIS GO, LIKE, EVERYONE COULD JUST SAY, WELL, THERE IS

IRREPARABLE HARM IF THEY INVESTIGATE ME FOR THE CRIMES THEY THINK I MIGHT HAVE DONE. >> HERE’S WHAT IS SIGNIFICANT, WHEN SHE SAID OTHERWISE, SHE WATCHED A BIG POINT ABOUT TRUMP’S SPECIAL STATUS AS A FORMER PRESIDENT. PEOPLE REALLY REVOLVED AROUND THAT BECAUSE IT WAS SUCH A CLEAR TIMING FOR JUSTICE. THEY’RE THERE WE I MADE A REGULAR CASE. HE’S LIKE ANYONE ELSE. AGAIN THEY COULD HAVE SLAPPED AROUND MORE HARSHLY. BUT THEY DIDN’T NEED TO. IT WAS AN IMPLICIT BUT VERY STRONG REBUKE TO HER IDEA OF GIVING SPECIAL TREATMENT FOR FORMER PRESIDENT. >> THE QUESTION NOW IS WHERE

THIS GOES, MY UNDERSTANDING IS THAT THESE ARE NOT, THEY CAN’T GET AN — REVIEW. BECAUSE IT IS A STAY. SO IT’S A PROCEDURAL MATTER, THE ONLY PLACE TO GO SCOTUS. TO PRESERVE JUDGE CANNON’S RULING. I WONDER IF YOU THINK THEY WILL PURSUE THAT. >> YOU KNOW, IT’S A QUESTION OF DELAY. BECAUSE IT’S NOT A FRUITFUL IDEA. BY THAT, RIGHT NOW, THE LINEBACKERS ARE FROZEN. SO UNLESS THE SUPREME COURT WOULD REACH DOWN AND UNDO THIS STAY, PENDING REVIEW, THE CHANGE HAS — I DON’T EXPECT THAT TO HAPPEN. I THINK WHAT REALLY MATTERS NOW, THIS IS IT,

GIVE US A STAY SO WE CAN GO FORWARD ON THIS IMPORTANT ASPECT. BUT THERE IS THE WHOLE HUGE, YOU KNOW, THOUSAND-PLUS DOCUMENTS THAT ARE BY NO POSSIBLE CONCEPTION HIS. WILL THEY NOW APPEAL. THERE COULD STILL BE AN APPEAL ON THE MERITS OF A BROADER OPINION. OR WILL THEY SAY, AS THEY TOLD HER THEN, WE WILL MUDDLE THROUGH SOMEHOW, BUT THE REST OF THIS UNNECESSARY LEGALLY WRONG OPINION, BECAUSE IT DOESN’T HARM US SO MUCH. THAT WILL BE A DOJ DECISION, AND THEY ARE MAKING IT NOW. ANOTHER QUICK POINT THEY DID IT SO QUICKLY THEY KNEW THERE

WAS INJURY HERE. EVERY DAY TO THE NATIONAL SECURITY RISK. SO THIS ALL WORKED THROUGH IN JUST A FEW DAYS. >> 30 SECONDS I HAVE LEFT, THE THREAT TO THE TRUMP ORGANIZATION FROM LAETITIA JAMES IS ACUTE TODAY, HOW CUTE IS IT? >> VERY ACUTE. I MEAN, LOOK, IT IS NOT HIM IN PRISON, BUT IT IS EVERYTHING BUT. IT IS THE TRUMP BRAND WHICH MATTERS MIGHTILY. 200 PAGES, COMPREHENSIVE. I DON’T THINK THEY CAN GO TO