Donald Trump Documents Probe: DOJ Appeals Appointment of Special Master, Asks for Pause to Order for National Security Reasons

When Trump-appointed U.S. District Judge Aileen Cannon granted former President Donald Trump's request for a Special Master to review the documents seized by the FBI during their search of Mar-a-Lago, both the legal and intelligence community grew concerned. Now, the Department of Justice is appealing that decision.

The department is also asking Judge Canon to pause part of her order, as it is a matter of national security because the order for a special master has halted the intelligence community's review of classified documents.

According to CNN, the DOJ said the injunction to classified records would frustrate the government's ability to conduct an effective national security risk assessment and classification review. It added that this could deal "irreparable harm" to the country's national security and intelligence interests.

The DOJ also argued that the injunction could impede the identification of any additional classified records that are not being properly stored and that this could be a potential risk to national security.

Judge Cannon's order halted any use of the seized documents for the criminal investigation, although she allowed the intelligence community's assessment to continue. However, the order also has some uncertainty, as the judge did not set any legal bounds on what the intelligence community can or cannot touch.

The Justice Department argued that the independent reviewer, or the Special Master, was unnecessary, as the DOJ has internal filter practices that they used in the search. They also stated that the judge only has until Thursday to stay her original order. Otherwise, they would ask the federal appeals court to do it instead.

DOJ Challenges Judge's Decision on 'Executive Privilege Role With Classified Documents

The main reason for Judge Cannon's decision to appoint a Special Master was that many of the documents could be potentially covered by executive privilege, as well as concerns regarding attorney-client privilege. However, the Justice Department argued that the privilege could never apply to classified documents.

Cannon cited a recent Supreme Court order and a concurring statement from Justice Brett Kavanaugh to justify her decision. This involved several Trump White House records being sought by a congressional committee. However, the DOJ stated that the decision and the concurring statement do not suggest that a former president can successfully assert executive privilege, as it is the Executive Branch itself that is reviewing its own records.

The DOJ also cited the 1974 case United States v. Nixon. It stated that "classified records are the very subject of the government's ongoing investigation."

Trump Renews Attacks on the Investigation Against Him

Trump reacted to the motion by the FBI by once again attacking the investigation. According to the Associated Press, he stated via his social media platform, Truth Social, that the FBI and Biden's DOJ are spending millions to appeal the order on what he calls the "Mar-a-Lago document hoax."

This article is owned by Latin Post.

Written by: Rick Martin

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