The Department of Justice is appealing the ruling of a Florida judge who has granted the Trump legal team’s motion on behalf of a special master to screen documents protected by attorney-client privilege or executive privilege.
🚨Breaking: DOJ has filed a notice of appeal to Judge Cannon's order on the Mar-a-Lago special master and is moving to block Judge Cannon's order, warning of significant national security risks caused by her effort to block the FBI criminal review of the seized documents. pic.twitter.com/QOJixHxPxa
— Real Mac Report (@RealMacReport) September 8, 2022
“Justice Dept. appeals judge’s order allowing for outside review of records seized by FBI from Trump’s Florida home,” the Associated Press reported as breaking news.
“The Justice Department wrote in a brief filing that it would be appealing the decision to the 11th Circuit Court of Appeals,” the Washington Post reported. “The notice paves the way for federal prosecutors to submit a detailed appeals brief to the 11th Circuit Court in Atlanta.”
On Monday, U.S. District Judge Aileen Cannon granted Trump’s request to have a special master review the documents seized in a sweeping and invasive FBI raid on Mar-a-Lago in early August. The judge’s order temporarily blocked parts of the DOJ’s investigation into the reportedly top secret and classified documents at his estate.
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Judge Cannon, a Trump appointee, pointed out that the former president could suffer reputational “injury” if Biden’s politicized Justice Department indicted him.
The Biden DOJ’s decision to appeal the judge’s order is fraught with peril, as a U.S. News report highlighted.
“The Justice Department is weighing whether to appeal a controversial order halting its review of materials taken from former President Donald Trump’s Florida estate, facing a Friday deadline as a judge seeks to appoint a third party to review the thousands of documents,” the report noted.
“But the decision is more complex than it may appear on its face, running the risk of delaying the investigation further, while some have argued that choosing not to appeal, or losing an appeal, could set a dangerous precedent for the rights – and powers – of presidents no longer in office,” the report added. “And the Justice Department may decide to appeal only part of the judge’s order, or nothing at all.”
Constitutional attorney Harmeet Dhillon of the Liberty Center provided further context.
Special master appointments are not subject to interlocutory appeal, at least in the 11th Circuit. And when reviewed, it is only for abuse of discretion. Barr is displaying DOJ-itis, with a complicating attack of TDS making it worse. https://t.co/dJT9012stV
— Harmeet K. Dhillon (@pnjaban) September 8, 2022
“Special master appointments are not subject to interlocutory appeal, at least in the 11th Circuit,” Dhillon explained. “And when reviewed, it is only for abuse of discretion. Barr is displaying DOJ-itis, with a complicating attack of TDS making it worse,” she added on the former Trump Attorney General’s comments.
This is breaking news. It will be updated as more information is forthcoming.
OPINION: This article contains commentary which reflects the author's opinion.