DOJ Hits Back In Trump Criminal Probe, Appealing Review For Secrets Trump Stole

>>> TURNING TO THE CRIMINAL >>> TURNING TO THE CRIMINAL INVESTIGATION OF HOW DONALD TRUMP HAS HANDLED GOVERNMENT RECORDS AND TOP SECRET FILES, WE HAVE NEWS. THE JUSTICE DEPARTMENT IS NOW FORMALLY APPEALING THE RULING THAT SIDED WITH TRUMP AUTHORIZING A SPECIAL MASTER TO DO A SEPARATE REVIEW OF THE MATERIAL SEIZED. MATERIAL SEIZED. THE DOJ SAID WITH RESPECT TO 100 DOCUMENTS THE FILING SAYS IT DOES NOT ASSERT OR COULD NOT ASSERT HE HAS ANY POSSESSORY INTEREST OR COULD ADVANCE ANY ATTORNEY-CLIENT PRIVILEGE. IN OTHER WORDS, A CARVE OUT WHAT THEY’RE SAYING, NO MATTER WHAT HAPPENS, THE STUFF THEY

SAY HE STOLE, IT ISN’T ATTORNEY-CLIENT PRIVILEGE, ISN’T SOMETHING THAT NEEDS TO BE SPECIALLY REVIEWED AT ALL. THE DOJ WANTS TO DO THIS, THIS COMES THREE DAYS AFTER THE RULING APPROVING THE SPECIAL MASTER BY A JUDGE IN FLORIDA. DONALD TRUMP’S LAWYERS WENT TO THAT JUDGE WHO WAS APPOINTED TO HIM AS HE WAS A PRESIDENT APPARENTLY SEEKING A BETTER OUTCOME. A DIFFERENT TRUMP INVESTIGATION IS COMING TO LIGHT. THE FUNDRAISING EFFORTS AFTER THE ELECTION GETTING NEW SCRUTINY BY THE FEDS. THE GRAND JURY HAS ISSUED SUBPOENAS FROM “THE NEW YORK TIMES” REPORTING THAT SUGGESTS THEY WANT MORE INFORMATION ABOUT

DONALD TRUMP’S POLITICAL ACTION COMMITTEE WHICH WAS RAISING MILLIONS OF DOLLARS IN THAT PERIOD LEADING UP TO THE INSURRECTION. WE’RE JOINED BY AN FBI AGENT AS WELL

AS A LAWYER AND A LAW PROFESSOR. WELCOME BACK. >> THANKS FOR HAVING ME. >> WHAT DO YOU THINK OF THIS APPEAL? >> I THINK THE APPEAL IS EXCELLENT. IT’S VERY CLEARLY WRITTEN AND IT IS ASKING FOR BASICALLY A LIMITED RELIEF FROM THE JUDGE’S ORDER. SO WHAT THEY’RE ASKING THE JUDGE TO DO IS TO ISSUE A PARTIAL STAY OF HER OWN ORDER TO ESSENTIALLY, AS YOU SAID, ARI, CARVE OUT THE

CLASSIFIED DOCUMENTS AND SAY THESE SHOULD NOT BE A PART OF THE SPECIAL MASTER REVIEW. THEY OFFER THREE ARGUMENTS FOR THIS. THE FIRST IS THEY REJECT THERE IS ANY EXECUTIVE PRIVILEGE OVER CLASSIFIED DOCUMENTS, NOT ONLY BECAUSE THEY’RE EVIDENCE OF A CRIME AND U.S.V NIXON MAKES THIS AN EXCEPTION TO EXECUTIVE PRIVILEGE, BUT ALSO BECAUSE THE EXECUTIVE BRANCH CONTROLS CLASSIFIED INFORMATION AND THEY SHOULDN’T BE PREVENTED FROM ACCESSING IT THEMSELVES. THE SECOND ARGUMENT, THIS IS THE MOST COMPELLING, I THINK, ARI, IS THAT THEY SAY THAT THE JUDGE ARTIFICIALLY BIFURCATED THE CRIMINAL PART OF THE INVESTIGATION FROM THE NATIONAL SECURITY

PART. IF YOU’LL REMEMBER, SHE ORIGINALLY SAID, WELL, THE INTELLIGENCE COMMUNITY CAN CONTINUE ITS CLASSIFICATION REVIEW, BUT THE CRIMINAL DIVISION CAN’T CONTINUE ITS INVESTIGATION AND WHAT THEY SAY IS THAT THESE TWO THINGS ARE INTERTWINED. SO, FOR EXAMPLE, THE CLASSIFICATION REVIEW IS RELEVANT TO WHETHER A CRIME ACTUALLY HAPPENED AND IN ORDER FOR THE IC TO DETERMINE WHETHER METHODS AND SOURCES HAVE BEEN COMPROMISED, THE FBI ACTUALLY HAS TO CONTINUE ITS INVESTIGATION TO SEE WHETHER THESE RECORDS WERE ACCESSED. AND THIS, I THINK, WILL CARRY GREAT WEIGHT BECAUSE THE EXECUTIVE BRANCH IS THE BRANCH THAT HAS THE EXPERTISE TO KNOW

WHAT IT NEEDS TO DO TO FULFILL ITS NATIONAL SECURITY FUNCTION. THE LAST ARGUMENT BASICALLY IS TRUMP DOESN’T HAVE ANY POSSESSORY INTEREST IN THESE CLASSIFIED DOCUMENTS. I MEAN, THESE AREN’T HIS MEDICAL RECORDS, THESE AREN’T HIS TAXES SO, YOU KNOW, THIS IS NOT HARMING HIM IN ANY WAY TO TAKE THESE OUT OF THE MIX. >> YEAH. IN ALL FAIRNESS, THE ONLY ISSUE THERE WOULD BE POTENTIAL MISTAKES, HUMAN ERROR CAN HAPPEN WHERE SOMETHING MIGHT HAVE BEEN TAKEN ACCIDENTALLY OR MIGHT HAVE BEEN MIXED UP IN THERE AND THAT YOU HAVE TO GIVE IT BACK. THAT DOESN’T SEEM TO BE

— THERE’S NO EVIDENCE THAT THAT HAPPENED A LOT OR IS A BIG PROBLEM. THERE’S MUCH MORE EVIDENCE THAT SOMETHING AS SIMPLE AS THE PHOTOGRAPHS THAT WE HAVE SEEN TO THE MORE METICULOUS WAY THAT THEY DOCUMENT THIS, THEY WENT THIS, REVIEWED IT, TOOK IT. POSSESSORY INTEREST IS ONE OF THOSE WORDS WHERE IT’S LIKE, THEY’RE TALKING ABOUT STUFF HE STOLE. THAT’S WHAT THEY’RE SAYING. NOW HE HAS EVERY RIGHT TO DENY THAT, THAT COULD BE LITIGATED, BUT THE GOVERNMENT’S POSITION OVERSEEN BY THE MAGISTRATE IN THE ORIGINAL WARRANT IS YOU STOLE A BUNCH OF STUFF. OBVIOUSLY YOU DON’T HAVE

A BIG SAY IN WHAT’S REVIEWED BECAUSE IT’S NOT YOURS TO BEGIN WITH, WHICH IS WHY WE HAD TO COME IN AND TAKE IT BACK, TO WHAT YOU DEFINED AS POINT 2, THE OVERLAPPING INTERESTS. I’LL READ A LITTLE BIT MORE FROM THE APPEAL. THEY REFERENCED THE, QUOTE, UNBE CERTAINTY ABOUT THE BOUNDS OF THE COURT ORDER AND THE IMPLICATIONS FOR THE FBI WHICH HAS CAUSED THE INTELLIGENCE COMMUNITY TO, QUOTE, PAUSE WHAT THEY CALL CRITICALLY IMPORTANT WORK. >> YES. THE REASON THIS IS SO IMPORTANT IS THAT JUDGE CANNON’S JUSTIFICATION FOR APPOINTING THE SPECIAL MASTER AND MAKING SURE THAT,

YOU KNOW, THAT THE DOCUMENTS ARE PROPERLY FILTERED WAS BECAUSE SHE THOUGHT THAT THERE COULD BE POTENTIAL INJURY TO TRUMP, REPUTATIONAL HARM, RIGHT? YOU KNOW, IT FOLLOWED THE NORMAL COURSE THAT IT MIGHT IN A CRIMINAL PROCESS WAITING UNTIL AN INDICTMENT, FILE A MOTION TO SUPPRESS, THAT HE’S ALREADY SUFFERED THE STIGMA OF BEING INDICTED. I THINK WHEN YOU READ THIS DOJ FILING YOU REALIZE HOW RELATIVELY TRIVIAL THAT HARM IS COMPARED TO OUR GOVERNMENT HAVING TO HALT A REVIEW OF THE NATIONAL SECURITY IMPLICATIONS AND DAMAGE THAT MAY HAVE BEEN CAUSED BY TRUMP HOLDING THESE DOCUMENTS. I MEAN, IF

SHE DECIDES TO NOT GRANT THIS PARTIAL STAY, SHE WILL BE PUTTING THE IMPORTANCE OF THE REPUTATION OF THE FORMER PRESIDENT ABOVE THE NATIONAL SECURITY INTERESTS OF THE UNITED STATES, AND I THINK THAT IT WOULD BE ASTONISHING. I’M NOT SURE IT WOULD BE SURPRISING AT THIS POINT. IT WOULD BE ASTONISHING. AT THAT POINT THE DOJ CAN APPEAL TO THE 11th CIRCUIT. I THINK THEY HAVE A GOOD CASE BECAUSE GENERALLY THE EXECUTIVE BRANCH IS GIVEN GREAT DEFERENCE WHEN IT COMES TO MATTERS OF NATIONAL SECURITY. >> THEN YOU HAVE THE INVESTIGATION WITH THE FUNDING OF ACTIVITIES THAT WE

KNOW WAS AROUND THE PERIOD AFTER TRUMP HAD LOST GOING INTO WHAT BECAME THE INSURRECTION. WHAT DO YOU SEE IN THAT NEWLY-REVEALED ASPECT OF THAT PROBE? >> WELL, IN THAT ASPECT I SEE A COUPLE OF THINGS. FIRST, THIS IS A SEPARATE THREAD THAT’S BEING INVESTIGATED APART FROM THE INCITEMENT OF, YOU KNOW, INSURRECTION, THE ATTACK ON THE CAPITOL, THE FALSE ELECTOR SCHEME. THIS IS REALLY ABOUT THE FUNDING AND THE — ESSENTIALLY WHAT APPEARS TO BE A FRAUDULENT SCHEME TO RAISE MONEY, SAVE AMERICA PAC RAISED $250 MILLION CLAIMING THEY WERE GOING TO BE USING IT TO FIGHT ELECTION

FRAUD AND CLEARLY THERE WASN’T ANYTHING TO FIGHT AT THAT POINT. SO THIS INVESTIGATION IS PURSUING A NEW THREAD. IT’S ALSO BEING DONE WITH A SEPARATE GRAND JURY AND WITH A SEPARATE PROSECUTOR. I THINK THIS IS REALLY IMPORTANT BECAUSE IT MEANS THAT THE DEPARTMENT OF JUSTICE IS REALLY DEVOTING RESOURCES TO LOOKING AT ALL OF THESE DIFFERENT THREADS. AND I THINK THAT THAT WAS A REAL CONCERN BEFORE GIVEN THE BREADTH OF THIS INVESTIGATION. I THINK THE LARGEST INVESTIGATION PROBABLY IN DOJ’S HISTORY, HAVING TO PROSECUTE ALL OF THE ON THE GROUND PEOPLE AND THEN LOOK INTO ALL OF

THESE OTHER THREADS. DID THEY HAVE THE MANPOWER? BUT IT LOOKS LIKE THEY’RE