OPINION | The Justice Department just eviscerated the Mar-a-Lago judge.
The DOJ’s filing not only gives notice that it plans to appeal her decision, but also asks her to enjoin herself by temporarily lifting her ban on the DOJ reviewing and working with the set of just over 100 classified documents that are being kept separately from the rest of the documents seized by the FBI at former President Trump’s Mar-a-Lago resort.Although the DOJ notes that it continues to, its stay request applies only to a review of the classified documents.
At best, Cannon’s view that an intelligence review can proceed entirely independently of the criminal investigation reflects a naiveté about how national security investigations work.
In rebutting Cannon’s meritless concern over executive privilege as a justification for this dangerous interference with a criminal investigation into threats to national security, the DOJ starts by pointing out that executive privilege cannot possibly justify denying the Executive Branch from access to and use of its own documents.
The DOJ also eviscerates Cannon’s concern over possible injury to Trump by pointing out that Trump has never claimed to have any “property, possessory, or other legal interest in classified records” and that the Supreme Court and other federal courts of appeals have rejected the idea that mere fear of criminal prosecution constitutes irreparable harm.
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