The Department of Justice plans to appeal the decision of a judge to appoint a special master to review the materials seized by the FBI during a raid of former President Donald Trump's Mar-a-Lago home in Florida.
"The government's review of those records does not raise any plausible attorney-client privilege claims because such classified records do not contain communications between Plaintiff and his private attorneys. And for several reasons, no potential assertion of executive privilege could justify restricting the Executive Branch's review and use of the classified records at issue here," the Justice Department explained.
The Justice Department also requested a stay of Judge Aileen Cannon's ruling while the appeal is heard.
"The government respectfully requests that the Court rule on this motion promptly," DOJ lawyers wrote. "If the Court does not grant a stay by Thursday, September 15, the government intends to seek relief from the Eleventh Circuit."
"A stay as to that limited set of records is warranted for three reasons," the court filing said. "First, the government is likely to succeed in its appeal of the Order as it applies to classified records."
"Second, the government and the public would suffer irreparable harm absent a stay," the filing continued." Third, the partial stay sought here would impose no cognizable harm on Plaintiff."