Washington –The Justice Department on Thursday appointed a special master or independent third party to investigate documents seized by federal law enforcement at former President Donald Trump’s Mar-a-Lago resort in Florida federal court. I have notified you that I am appealing the judgment.
Judge Eileen Cannon, who was appointed to the bench by Trump in 2020, ruledFederal agents investigating whether Trump mishandled classified documents were to stop using the seized documents in criminal investigations pending a special master’s review.
The Justice Department also gave Cannon a partial lift of her own ruling to allow investigators to continue investigating the 103 most sensitive documents seized from Mar-a-Lago, including Top Secret at the highest classification level. I asked you to
Trump and his attorneys have until Monday morning to respond to requests to reopen the investigation into the documents.
The DOJ appeal will be considered by the 11th Circuit Court of Appeals.
In a 24-page ruling earlier this week, Cannon sided with Trump’s legal team that an independent review was required, noting that a special master could “potentially privilege, subject to claims of attorney client and/or executive privilege.” The ruling allows the Office of the Director of National Intelligence to assess the potential national security posed by seized records, even though criminal investigators were barred from accessing them. We were able to investigate the above risks.
Cannon’s order was heavily criticized by many in the legal community, including Trump’s former attorney general..
The judge said Trump faced “unreasonable potential harm by improperly disclosing classified information to the public,” and that the special master, Cannon, would seek to mitigate that potential harm. He said he could work.
But in Thursday’s motion that detailed its concerns, the Justice Department argued the opposite. Suspending their investigation would have caused serious damage to national security, and the intelligence review of the record could not have been carried out effectively without the involvement of criminal investigators. The prosecutor wrote that he could suffer “a scar that cannot be irreparable.”
“Ongoing Intelligence Community (“IC”) classification reviews and evaluations are closely related to, and not easily separated from, the DOJ’s field of investigation and the FBI’s ongoing criminal investigations.” It is very difficult to separate FBI personnel who are working in the IC from those working in conjunction with other departments and agencies within the IC.”
Thursday’s filing also said 103 documents containing classified markings had already been separated from the thousands of remaining records seized, due to the “uncertainty” caused by Canon’s Monday order. , revealed that the intelligence community had actually suspended analysis of the document.
Trump argued in his lawsuit that the Justice Department’s search warrant that prompted the Aug. 8 search was “too broad” and that investigators obtained “probably privileged” information.Cannon earlier this week ‘s opinion indicated that she considered this claim to require further consideration.
Prosecutors adamantly opposed that characterization and implemented a filter team to conduct their own review of the material. claimed.
“There is no justifiable reason to extend the injunction and special master review to classified records. Classified records prove on the surface of the document that they are government records, not the plaintiff’s personal records.”
Investigators are investigating allegations that documents bearing classified markings were mishandled when transferred from Trump’s White House to Mar-a-Lago’s residence after the 2021 presidential change. The National Archives and his FBI recovered a ton of documents from a Florida resort. They are also looking into whether Trump or his team obstructed the investigation by failing to properly respond to a grand jury subpoena.
Trump’sIt was two weeks after the FBI removed 33 items from the compound’s vault and the former president’s office. The Justice Department found more than 100 classified-marked documents in 13 boxes or containers, while three of his documents marked “Top Secret” and “Top Secret” were found in Trump’s office in Mar-a-Arago. It was revealed that it was taken out of the desk of .
The FBI also found 48 empty folders with “classified” banners, some of which were stored in boxes or containers where newspaper and magazine articles, books and pieces of clothing had been salvaged from the storage room. .
Prosecutors wrote Thursday that both classified documents and empty folders pose a potential risk to national security, and the investigation should continue.
“The FBI is primarily responsible for investigating what materials were stored in these folders and whether they may have been lost or compromised. Again, grand jury subpoenas, search warrants , and other criminal investigative use may be required, using tools that may lead to evidence that is also very important in advancing criminal investigations,” they argued.
To underscore the urgency of their request, the Justice Department specifically included a declaration written by Alan Kohler, Assistant Director of the FBI’s Counterintelligence Division.
“The FBI must be able to access evidence, reproduce it, and identify appropriate evidence. [intelligence community] Agency … that should be provided,” Kohler wrote. The declaration is subject to penalties for perjury.
Cannon on Monday ordered the Department of Justice and Trump’s legal team to submit potential candidates for the Special Master’s role by Friday.
Denying wrongdoing, Trump responded to the Justice Department’s response on social media, calling the investigator a “leaker” and praising Cannon’s first sentence, calling her “great” and “courageous.” called.
In his ruling, the judge noted that the FBI’s filter team had found medical and tax documents among the seized records, and in two instances, potentially sensitive information passed through the filter and passed to investigators. I made it clear that I got it. The Justice Department has since asked the court to open the report produced by the filter team.