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By: Real America News Updated 16 Sep 2022, 22: 18 pm EDT
The Department of Justice (DOJ) asked a federal appeals court Friday night to vacate portions of a judge’s order that appointed a special teacher to review the documents seized from the house and the club Mar-a -Lake of former president Donald Trump, arguing that some of the terms of the order hamper the national security investigation, according to CNN.
The appeals court filing comes a day after District Court Judge Aileen M. Cannon appointed another federal judge, Raymond J. Dearie, to act as special master to review the almost 11,000 documents seized in the FBI search on August 8.
District Judge Aileen Can non also on Thursday rejected prosecutors’ request that they be allowed to restart their criminal investigation into the classified documents, which they said was necessary to assess national security risks in the way the materials had been handled.
The new presentation of the Department of Justice indicates that it does not agree with that decision, but for the moment it is requesting appeals court to intercede on two parts of the Cannon ruling: one that prohibits criminal investigators from using the seized material while the special master does their work and another that allows the special teacher to review the approximately 100 classified documents seized, as well as the non-classified material.
In his application before the Court of Appeals of the 11° Circuit, and The Department of Justice says it wants the court to allow its criminal investigators to review materials marked as classified and for the court to exclude those documents from review of the special teacher.
The Department of Justice indicates that none of the 100 documents marked as classified could be Trump’s personal records, a type of claim the former president has tried to make to keep some of the documents out of evidence.
The government filing requests a stay of “only those portions of the order that cause the most serious and immediate harm to the government and the public,” qualifying the scope of your request as “modest but critically important”.
It is not known how long special master review or appeals may take.
Cannon ordered Dearie to complete the review of her by November 30. She said she should prioritize sorting the classified documents, though she didn’t provide a timeline for when that part should be completed.
The Department of Justice had requested in a previous court filing that the review will be completed by October 17. And Trump’s lawyers had said a special teacher would need 90 days to complete a review.
The new appeal before the 11° Circuit accelerates the dispute over the Mar-a-Lago search in the court of appeals and raises the possibility that the Supreme Court will also be asked to intervene in the coming weeks.