It is a very narrow appeal.

You could spin out a lot of things here that would go very badly for Donald Trump, such as the special master having a hearing on whether these were classified or declassified.

That would be a nightmare for Donald Trump.

That's NBC News analyst Andrew Weissman weighing in on the former president's legal fight

with the Justice Department.

Trump's efforts to keep the DOJ from going through the documents found in his country

club in Florida, that fight could now go before the Supreme Court.

Plus, the GOP rallies around Herschel Walker a day after a bombshell report that claims he paid

for a former girlfriend's abortion.

And there's a new home run, King, at least in the American League.

Yes, we'll show you the moment that Aaron Judge broke Roger Maris' record.

Music We'll show you the moment that Aaron Judge broke Roger Maris's record. Good morning and welcome to way too early on this Wednesday, October 5th.

I'm John Flemere. Thanks for starting your day with us.

We'll begin with the new

twist in the battle over the classified documents that former President Donald Trump kept at his

Mar-Lago home and club after he left office. The former president has filed an emergency request

asking the Supreme Court to now intervene by allowing the special master to review the

roughly 100 classified records that federal agents seized from the Florida State back in August.

Specifically, the Trump team asked the highest court in the land to vacate part of a ruling

issued last month by the 11th Circuit Court of Appeals.

That ruling allowed the Justice Department to resume using those classified documents

as part of its criminal investigation to determine if Trump or his advisors

...