And critically, the Justice Department continues to have access to those classified documents, which they have said form, the core of their investigation into whether sensitive materials and government records were mishandled. And in the meantime, the special master`s work is going to continue. But it`s not a month, it`s not weeks, this could resolve fairly quickly. ZOE TILLMAN, BLOOMBERG NEWS: You know, it`s the timeline that the Supreme Court set is a week. MOHYELDIN: Yes, to that point, Zoe, mean, this appears at least somewhat complicated is it really Trump was trying to gum up the works here and a way for his attorneys to get access to those classified documents? So even if Donald Trump ultimately wins, it will be a quite narrow victory, which suggests that wasn`t really about the victory at all, but rather about running out the clock. It doesn`t deal with the second part of the special master`s order which allowed for the Department of Justice to continue using those classified documents in its investigation. The view here is that the 11th circuit lacked jurisdiction to review the special master`s order. So it`s already been successful in delaying this and dragging this out a little bit.īut again, it`s a very modest claim. And, again, this is all in the context of Judge Dearie`s order, which said that the special master`s review would likely be concluded toward the end of this month or the beginning of November. MELISSA MURRAY, NYU LAW PROFESSOR: Well, obviously, it`s enough of an argument to slow it down, because Clarence Thomas, who is the circuit justice for the 11th Circuit, has already given a week long deadline for the DOJ to respond to this. In your legal expertise, is that enough of an argument to try and slow down this process? Trump`s attorneys filing with the Supreme Court argues and this is a quote, the 11th Circuit lacked jurisdiction to review this special master order. It`s great to have all three of you with us. She was a law clerk for Sonia Sotomayor on the federal bench before her nomination to the Supreme Court. Zoe Tillman, she covers the intersection of law and politics for Bloomberg News, and Professor Melissa Murray of NYU Law School. Carol Leonnig, Pulitzer Prize winning investigative reporter with The Washington Post. With that, let`s get smarter with the help of our leadoff panel this evening. It`s the most serious charge the government has brought so far against any of the defendants. Oath Keepers founder Stewart Rhodes and the other indicted members are the first of the nearly 900 people arrested after the Capitol right to be tried for seditious conspiracy. Today in court, the government played a secret phone recording from November 2020, where members are heard discussing plans to bring weapons to Washington and being told to prepare to fight for former President Trump. This was also the second day of testimony in the trial of several Oath Keepers accused of seditious conspiracy related to the January 6 riot. A lower court ruled the redistricting had weakened the power of black voters in that state and the courts newest Justice Katanji Brown Jackson took a lead role in questioning the Alabama Solicitor General. And the case involves a congressional map drawn by Alabama lawmakers. MOHYELDIN: The Supreme Court did hear arguments today in the latest battle over the Voting Rights Act. Now he is taking his case to the Supreme Court because today Trump made an emergency request asking the court to overturn a lower court ruling that prevented the special master from reviewing the roughly 100 classified documents taken during the search at his Florida club back on August 8. Donald Trump has tried almost everything to slow down the government`s investigation into the classified documents seized from Mar-a-Lago. I`m Ayman Mohyeldin in for Stephanie Ruhle. Russia keeps retreating from regions it`s claimed while thousands of Russians flee their homeland to avoid the draft as THE 11TH HOUR gets underway on this Tuesday night. Plus, more signs that Putin`s war on Ukraine is not going well. He`ll find out if Trump appointees really are his judges, then anti-abortion except the one he allegedly paid for the bombshell that is blowing up the Senate race in Georgia. AYMAN MOHYELDIN, MSNBC ANCHOR: Tonight, Donald Trump wants the Supreme Court to help him delay the Mar-a-Lago documents investigation.
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