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The U.S. government wants some key documents excluded from the document vetting process that the new "special master" will undertake in the investigation over classified material seized at former president Donald Trump's Florida residence.
On Friday the Justice Department submitted a 29-page-filing to an appeals court, requesting the FBI be allowed to continue examining around 100 documents marked classified that the agency seized from Mar-a-Lago on August 8.
On Labor Day U.S. District Court Judge Aileen Cannon ordered a halt to the department's review of documents taken from Donald Trump's Florida residence, arguing the former president would face "potential harm by way of improper disclosure of sensitive information" via media leaks if they continued.
The judge announced the appointment of a special master, who will review the documents to check whether any are protected by attorney-client or executive privilege. Law enforcement was banned from continuing the investigation until the special master had completed their work.
In its submission the Justice Department does not object to 11,000 seized documents being reviewed by the special master, but argued the FBI should be able to continue investigating the 100 classified documents as the ongoing criminal investigation into them is "itself essential to the government's effort to identify and mitigate potential national-security risks."
On Thursday Judge Cannon rejected a Justice Department request to resume its criminal investigation into the documents seized at Mar-a-Lago.
She also appointed semiretired Judge Raymond Dearie, from New York, as special master. Whilst he was suggested by Trump's legal team, the Justice Department did not raise an objection.
Judge Dearie will hold his first hearing into the documents on Tuesday.
The Justice Department is continuing to argue Judge Cannon by halting the Mar-a-Lago documents investigation, and appointing a special master.
In their latest appeal court filing they said: "Although the government believes the district court fundamentally erred in appointing a special master and granting injunctive relief, the government seeks to stay only the portions of the order causing the most serious and immediate harm to the government and the public."
In the department's latest filing, sent to the U.S. Court of Appeals for the 11th Circuit, in Atlanta, they described their request to continue investigating 100 classified documents as "modest but critically important."
Trump is being investigation on suspicion of breaking a number of federal laws, including the Espionage Act, by keeping hold of confidential documents after he was replaced by Joe Biden as president.
If convicted of breaching the Espionage Act Trump could face up to ten years in prison, a fine or both.
Trump insists he declassified the documents during his time as president, and claimed the FBI's Mar-a-Lago raid was politically motivated.
Biden later mocked the suggestion Trump had declassified the documents, after being asked by reporters.
He jokingly replied: "Well, I just want [you] to know I've declassified everything in the world!
"I'm the president, I can do it all! C'mon! Declassified everything... I'm not going to comment, because I don't know the detail. I don't even want to know, I'll let the Justice Department take care."
Donald Trump has been contacted for comment.
About the writer
James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is on covering news and politics ... Read more