The US Government in the name of the US Justice Dept. is challenging the broad ruling by Federal Judge Cannon on providing a Special Master request from Donald Trump’s lawyers…
The ruling has been broadly criticised by legal experts across the country….
The judge does seem to be trying to give the ex-President that appointed her an executive privilege immunity after he has left office , something that has ruled against in Nixon, Clinton and Trump tax decisions …
To make their point about the serious lack of the judges logic ?
The Feds have also stopped the judges ok for the intelligence community to asses the damage from the cache of ‘classified and secret ‘ document they recovered from Trump’s home , some of who are missing….
Dropping the gravity and possible hurtful national security results of Trump’s action’s in the judges lap
The Justice Department is appealing a court-ordered special master review of the materials seized by the FBI at former President Donald Trump’s Florida home, it said Thursday.
The Justice Department is also asking US District Judge Aileen Cannon, the Trump-appointee who ordered the special master, to partially pause part of her order, originally delivered on Labor Day, with the prosecutors saying the government has halted the intelligence community’s review of classified documents.
The FBI seized more than 100 classified records during the August 8 search of Mar-a-Lago, according to DOJ, but there’s no way to separate the intelligence community’s review and the FBI criminal investigations, the government said in its request for the partial stay with Cannon.
“The application of the injunction to classified records would thus frustrate the government’s ability to conduct an effective national security risk assessment and classification review and could preclude the government from taking necessary remedial steps in light of that review — risking irreparable harm to our national security and intelligence interests,” the DOJ wrote…
In requesting that the criminal investigators be allowed to access to the classified documents, the Justice Department on Thursday rejected the idea that the privilege could ever apply to classified materials.
“Supreme Court precedent makes clear that any possible assertion of privilege that Plaintiff might attempt to make over the classified records would be overcome by the government’s “demonstrated, specific need” for that evidence,” the department said, while quoting the 1974 case United States v. Nixon. “Among other things, the classified records are the very subject of the government’s ongoing investigation.”
The department also took swipes at how Judge Cannon’s order cited a recent Supreme Court order, along with a concurring statement from Justice Brett Kavanaugh, in justify her move to have the review cover executive privilege. The case in question involved Trump White House records sought by a congressional committee, the department noted Thursday.
“Neither the Supreme Court’s opinion denying Plaintiff’s request for a stay in Thompson nor Justice Kavanaugh’s concurring statement suggested that a former President can successfully assert executive privilege to prevent the Executive Branch itself from reviewing and using its own records,” the filing said..