The move makes it less likely for the judge and Trump to be able to slow-walk the classified documents case.
initially reacting to the judge’s decision, the single most disturbing part of Judge Cannon’s order was always its application to classified documents. Don’t get us wrong,of the thousands of government documents at issue belong to a former president under the terms of the Presidential Records Act or the well-established rules of executive privilege, as the government points out in its brief.But classified materials are in a category by themself. Federal law expressly says as much.
. This is the principal reason why a stay of the judge’s order and appeal is needed and should succeed.Second, as the government emphasizes in its stay papers, the special master order interferes with the intelligence community’s review of the damage. That’s because you can’t bifurcate the government’s work in a case like this. DOJ and the FBI have to be involved in the national security assessment. They are a part of the intelligence community and always help with the review.
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