“Within the United States, the FBI would pursue any allegation or lead indicating that the classified records may have been accessed, retained, or disseminated in violation of the law, including by using the tools and authorities of a criminal investigation,” the filing states.
The filing digs into District Judge Aileen Cannon’s logic on a number of areas, pointing to many of the same issues in a ruling legal scholars largely panned as troubling.īut the bulk of the argument for a partial stay of her ruling granting a special master relies on the impact her decision could have on national security.Ĭannon allowed an intelligence community-led review of the documents to continue so that national security leaders could work to mitigate any fallout from the mishandling of records.
The appeal itself will continue to the 11th Circuit Court of Appeals, which includes six Trump appointees on the bench. The motion for a partial stay would allow the government to continue its review of the classified records recovered from Trump’s home, removing from review by a yet-to-be-appointed third-party special master some 100 documents of roughly 10,000 taken in the Aug. “Any delay poses significant concerns in the context of an investigation into the mishandling of classified records.”
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