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DOJ appeals judge’s special master ruling

The Department of Justice on Thursday filed a motion to appeal a federal judge’s ruling to permit a special master to examine evidence seized from former President Trump’s Mar-a-Lago residence last month.

State of play: The notice of appeal comes three days after Judge Aileen Cannon ruled on Monday a special master ought to be appointed “to examine the seized property for personal items and documents and potentially privileged material at the mercy of claims of attorney-client and/or executive privilege,” per the filing.

  • Cannon also said that the order “temporarily enjoins the federal government from reviewing and utilizing the seized materials for investigative purposes,” per the filing.
  • The DOJ and Trump’s legal team have until Friday to submit a listing of proposed special master candidates and outline their specific “duties and limitations.”

Driving the news headlines: The DOJ on Thursday also filed a motion for a partial stay pending appeal on Cannon’s order, saying that the intelligence community’s review “can’t be readily segregated from the Department of Justices and Federal Bureau of Investigations activities regarding the the ongoing criminal investigation.”

  • “Moreover, the federal government and the general public are irreparably injured whenever a criminal investigation of matters involving risks to national security is enjoined,” the DOJ wrote in the motion for a stay.
  • “The federal government and the general public would suffer irreparable harm absent a stay,” the DOJ said.
  • Prosecutors gave the court until Sept. 15 to grant a stay and when one isn’t granted, “the federal government intends to get rest from the Eleventh Circuit,” per the filing.

Between your lines: It isn’t yet clear what elements of Cannon’s order the DOJ is appealing and whether it pertains to the complete order or parts.

Catch up quick: The DOJ has previously opposed Trump’s bid for a third-party attorney to examine Mar-a-Lago documents, citing “national security interests.”

  • The DOJ in addition has countered Trump’s claims that the seized documents are protected by attorney-client and executive privileges.

Go deeper… Judge grants Trump obtain special master to examine Mar-a-Lago docs

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