On Thursday (September 8), the Department of Justice filed a notice of intent to appeal a ruling granting Trump’s Request to appoint a special master, requesting that the judge issue a partial stay to give them access to the classified material seized during the FBI’s Mar-a-Lago raid.
In its filing, the DOJ writes: “Without a stay, the government and public also will suffer irreparable harm from the undue delay to the criminal investigation.”
The filing also highlights the delay posing “significant concerns in the context of an investigation into the mishandling of classified records.”
On Monday (September 5), U.S. District Judge Aileen Cannon granted Trump’s request to have a special master appointed to review the documents the FBI seized from his Mar-a-Lago residence. Cannon also granted Trump’s secondary request to stop the DOJ from investigating the documents until the special master had completed the review.
A special master is yet to be named.
The DOJ’s request for a partial stay would allow the government to continue reviewing the classified documents, removing 100 documents of 10,000 yet to be reviewed by an independent special master.
In the filing, the DOJ also questions Cannon’s logic on many of the same issues legal scholars have pointed to as troubling.
But the DOJ homes in on the impact her ruling would have on national security.
The appeal will be reviewed by the 11th Circuit Court of Appeals, which has six Trump-appointed judges on the bench.