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DOJ intends to appeal appointment of special master for Trump documents

This photo, included in a court filing submitted by the Department of Justice on August 30, shows a collection of documents seized by the FBI on August 8 during execution of a search warrant on the Mar-a-Lago home of former President Donald Trump in Palm Beach, Fla. Photo courtesy of Department of Justice | <a href=License Photo” height=”532″ src=”https://cdnph.upi.com/svc/sv/upi/3851662670551/2022/1/dec37a0e4662632e56fe144453e0d3c2/DOJ-intends-to-appeal-appointment-of-special-master-for-Trump-documents.jpg” title=”This photo, contained in a court filing submitted by the Department of Justice on August 30, shows an accumulation of documents seized by the FBI on August 8 during execution of a search warrant on the Mar-a-Lago home of former President Donald Trump in Palm Beach, Fla. Photo thanks to Department of Justice | License Photo” width=”800″>

This photo, contained in a court filing submitted by the Department of Justice on August 30, shows an accumulation of documents seized by the FBI on August 8 during execution of a search warrant on the Mar-a-Lago home of former President Donald Trump in Palm Beach, Fla. Photo thanks to Department of Justice | License Photo

Sept. 8 (UPI) — The Department of Justice said it it intends to appeal a Florida judge’s order to appoint a particular master to examine materials seized by the FBI at former President Donald Trump‘s Florida home.

The DOJ asked U.S. District Judge Aileen Cannon of the Southern District of Florida to issue a partial stay of her ruling that prevents them from accessing the classified materials which were seized through the search of Trump’s home.

“Those areas of the order may cause probably the most immediate and serious harms to the federal government and the general public,” the DOJ said. “The classified records — a discreet group of just over — 100 documents have been completely segregated from another seized records and so are being maintained separately.”

If Judge Cannon will not issue a partial stay by Sept. 15, the DOJ said it plans to appeal her decision to the Eleventh Circuit Court of Appeals in Atlanta.

In January, the National Archives said that the agency recovered 184 classified documents from Mar-A-Lago. Trump then returned more documents to the FBI in-may, however when he didn’t return every one of them, the agency raided his Florida home in August.

On Friday, Cannon released an in depth list of that which was seized from the storage room and in Trump’s office. They include classified documents with unmarked government records, photographs and also articles of clothing co-mingled.

Forty-eight empty folders were marked “classified” and 42 other empty ones labeled to “go back to staff secretary/military aide.”

However, on Monday, Cannon, who was simply appointed by Trump following the 2020 elections, granted ex-president’s request to appoint a particular master to examine all of the materials which were seized.

Her ruling that Trump’s declare that the documents were at the mercy of executive privilege had merit, was highly criticized by legal experts.

“There’s just never been an incident where irreparable harm has been proven when you are under criminal investigation,” Jennifer Rodgers, a former federal prosecutor, told CNN.

“That’s among the key items that the Justice Department does, the executive branch does, is criminally investigate people. So, the idea that that may establish irreparable injury to me still says that is really a legally wrong decision.”

In its filing Thursday, the DOJ said that Trump didn’t and may not assert any executive privilege on the documents.

“And even though this court suggested that Plaintiff could probably assert executive privilege concerning a few of the seized records, Supreme Court precedent makes clear that any possible assertion of privilege that Plaintiff might try to make on the classified records will be overcome by the government’s “demonstrated, specific need” for that evidence,” the DOJ said.

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