The Department of Justice on Thursday filed a notice to appeal the latest ruling in the dispute over documents seized from Donald Trump’s Mar-a-Lago estate, where the government claims highly classified records were being improperly held.
Earlier this week, U.S. District Judge Aileen Cannon granted Trump’s request for a special master to review what was taken.
Her ruling also halted all reviews of the documents by the DOJ in its criminal investigation.
“The Court hereby authorizes the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege,” Cannon wrote.
The DOJ’s notice to appeal doesn’t include any further information on the content of its arguments, which will go before the 11th Circuit.
Federal prosecutors also moved on Thursday for Cannon to stay the portion of her ruling enjoining the government from further review of the documents bearing classification markings taken during the FBI search of Mar-a-Lago. Cannon also required law enforcement to disclose those materials to the special master.
The DOJ said in Thursday’s court papers that if Cannon doesn’t grant a stay by Sept. 15, they will “intend to seek relief from the Eleventh Circuit.”
They are not seeking a stay on the handover of other non-classified documents to an appointed special master, but said that if Cannon doesn’t grant their stay it “will cause the most immediate and serious harms to the government and the public.”
Cannon noted in her previous order that the appointment of an independent third party would not impede the ongoing classification review and national security assessments being conducted by the intelligence community on what was retrieved from Trump’s home last month.
The judge gave DOJ and Trump’s team until Friday to confer and submit a joint list of proposed special master candidates and a proposed order outlining the special master’s duties and limitations.
This is a developing story. Please return for updates.
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