WASHINGTON – A federal judge on Thursday denied the Justice Department’s request to resume a key part of an investigation into former President Donald Trump’s handling of sensitive government records and only appointed an independent arbitrator to oversee the review of documents seized from him last month.
The judge, Aileen M. Cannon, appointed a candidate recommended by Trump’s legal team and approved by the government to sift through more than 11,000 applications. The candidate is Raymond J. Dearie, a part-time judge from the Federal Court for the Eastern District of New York.
In a 10-page decision, Judge Cannon, of the Federal Court for the Southern District of Florida, refused to lift any part of the an order she issued last week banned the department from using any of those documents, including approximately 100 documents marked as classified, for investigative purposes until the special superintendent completes the review.
The Justice Department asked the judge to uphold part of that order so that it could immediately resume use of about 100 documents marked as classified in that archive, saying the freezing was dangerous. for national security. It also threatened to go to the US Court of Appeals for the 11th track, in Atlanta, and apply for an emergency stay if she disagrees with its offer on Thursday.
In giving in to that argument, she said Judge Dearie should first review those documents “and then consider making quick adjustments to the court orders if necessary.” That raises the possibility that the special master could quickly delete them and then the judge could allow the FBI to continue using them.
However, Judge Cannon, who was appointed by Mr. Trump in November 2020, also refused to support having his boss specifically examine those documents – and kept national security officials waiting, at least. especially until he did.
Under her order, Judge Cannon said she was not convinced by the government’s arguments that Mr Trump “cannot have an ownership interest” in the classified documents he brought to Mar-a- Lago or that he “has not made a legitimate claim of privilege as for any of these documents. “
She also noted that the government is unlikely to “suffer an irreparable injury” if the investigation into Mr Trump’s hoard of sensitive documents is delayed by a special master’s review.
“There is no actual hint from the government of any identifiable emergency or imminent disclosure of classified information arising from Mr. Trump’s “illegal storage of confiscated property.” , she wrote.
Judge Cannon’s decision is the latest turning point in a battle between the Justice Department and lawyers over Mr Trump over whether a particular employer should review documents taken from the Mar- Trump’s a-Lago last month or not.
Last week, Judge Cannon, siding with Mr. Trump, ordered the announcement that she would appoint a special expert to review the documents and, in an unusual move, prevented prosecutors from using use any records for any “investigative purposes” in the meantime.
But at her order, Judge Cannon allowed the government to continue using the documents to assess national security risks and review the classification of the records.
The days that followed, Justice Department asked Judge Cannon to uphold parts of her order, asking the FBI to be allowed to continue investigating matters involving about 100 of the seized records that were marked as classified. The department argued that its criminal investigation into records “closely linked” to separate national security reviews she has said could continue.
At the same time, the Justice Department sent notice that it was appealing her decision, telling Judge Cannon that if she disagreed with their request to stay on Thursday, they would ask the court to appeal. intervention judge.
In effect, the government sought a compromise, approving Judge Cannon’s decision to impose a special expert and at least temporarily to bar FBI agents and prosecutors from working further with the agency. majority of seized documents and other records. In return, the Department of Justice asked Judge Cannon to let his investigators continue to work on the smaller batch of records that were marked as classified.
The department noted in the filing that intelligence agencies are prohibited from conducting domestic investigations and that the FBI is the agency that typically gathers information in similar situations. Prosecutors say determining what happened to the classified files – and whether they are still missing – is not only part of their criminal investigation but also a tool for review. National security.
To make their point, the lawyers of the Ministry of Justice specifically mentioned almost 50 empty folders carries classified banners found during the Mar-a-Lago search. Attorneys say the FBI needs to investigate what happened to the contents of the files so intelligence officials can determine whether national security has been compromised.
The Office of the Director of National Intelligence said that, following Judge Cannon’s order, the agency had paused the risk assessment and considered the classification.
For its part, Mr. Trump’s legal team urged Judge Cannon not to deny her initial order. His lawyers have insisted that the government’s claims are “exaggerated” and that only a “short pause” is needed for the special master’s review to be completed. (They have said they think the review will take three months.)
At the same time, Mr. Trump’s lawyers said they believe the order will allow the FBI to take other actions related to seized documents – including using investigative tools such as subpoenas. stand trial – if their purpose is to assist in the intelligence community’s risk assessment, such as opposing aiding criminal investigations. That concession does not refer to whether an act that serves both purposes is allowed.
