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This was stated in a 21-page brief included today in the file of this case, which has captured the media’s attention amid the campaign for the November midterm elections.
The former president’s lawyers allege as one of the reasons for rejecting the DOJ’s request to Judge Aileen Cannon that the government is improperly attempting to criminalize the 45th President’s possession of his own presidential and personal records.
Last week, Judge Cannon granted a request by Trump to have a special master review official documents, some labeled “top secret” or “classified,” found at Mar-a-Lago, a decision that the DOJ appealed in a Georgia court.
But, until the appeal is heard, government lawyers want the judge to hold in abeyance the part of her order that states that the DOJ can no longer review the material seized from Trump’s mansion or use it as part of the investigation until the special master completes his analysis or until further court order.
It notes, however, that the Office of the Director of National Intelligence may continue to assess the potential national security risk posed by removing classified documents from government custody.
The appointment of the special master will take a long time, analysts and experts agree.
In a brief submitted today to Judge Cannon, who was appointed at the time by Trump, the former president’s lawyers say the investigation is both unprecedented and misguided.
The lawyers say Judge Cannon’s order, which the government has appealed to the Atlanta Court of Appeals, is a sensible preliminary step toward restoring order amid the chaos and that (the government) should not be allowed to bypass the process and proceed directly to a predetermined conclusion.
