DOJ appeals decision to have special master review seized Mar-a-Lago docs

THE JUSTICE DEPARTMENT HAS SAID IT PLANS TO APPEAL A COURT-ORDERED SPECIAL MASTER TO REVIEW THE MATERIALS SEIZED BY THE FBI AT MAR-A-LAGO, PRESIDENT TRUMP’S BEACH HOME. THE DOJ IS ACTUALLY FILING A MOTION WITH A FEDERAL JUDGE CARVING OUT PART OF HER RULING, SAYING THAT THE FBI SHOULD BE ABLE TO LOOK AT CLASSIFIED DOCUMENTS THAT WERE SEIZED THERE. WITH US NOW CNN LEGAL ANALYST NORM EISEN, THE HOUSE JUDICIARY COMMITTEE’S SPECIAL COUNSEL DURING DONALD TRUMP’S FIRST IMPEACHMENT TRIAL. I KNOW YOU AGREE WITH WHAT THE JUSTICE DEPARTMENT IS DOING HERE, I KNOW YOU DISAGREE WITH JUDGE CANON’S ORIGINAL

RULING. CAN YOU EXPLAIN EXACTLY WHAT THEY’RE ASKING HERE? IT’S AN INTERESTING CARVEOUT. >> JOHN, THANKS FOR HAVING ME BACK. YES, THE JUSTICE DEPARTMENT IS SAYING TO JUDGE CANNON, WE’RE NOT GOING TO APPEAL RIGHT NOW YOUR DECISION TO APPOINT A SPECIAL MASTER OR PROHIBIT US FROM USING THE 11,000 NONCLASSIFIED DOCUMENTS, BUT FOR A SMALL SUBSET OF DOCUMENTS THAT WERE SEIZED BY THE JUSTICE DEPARTMENT WHEN IT EXECUTED ITS SEARCH WARRANT AT MAR-A-LAGO A BIT OVER 100 DOCUMENTS THEY’RE SAYING, JUDGE, DON’T STOP US FROM USING THESE WHILE WE INVES INVESTIGATE, ISSUE A STAY OF YOUR EARLIER ORDER SO

THAT WE CAN APPEAL THIS TO THE 11th CIRCUIT. THEY’VE GIVEN UP ON HER, THEY ARE NOT ASKING HER TO RECONSIDER, THEY’RE GOING TO GO UP ON APPEAL BUT

IN THE MEANTIME THEY SAY DON’T TIE OUR HANDS ON THESE DOCUMENTS, IT’S DANGEROUS TO NATIONAL SECURITY. >> SO WHY? WHY THESE DOCUMENTS? WHAT’S THE JUSTIFICATION TO LET THEM CONTINUE TO LOOK AT THESE ROUGHLY, I UNDERSTAND, 100 DOCUMENTS? >> WELL, THE JUSTIFICATION IS THAT THE JUDGE SAID IN HER EARLIER ORDER, JOHN, THAT SHE WAS GOING TO BIFURCATE. SHE WAS GOING TO ALLOW — THESE DOCUMENTS ARE SO DANGEROUS AND

WE HAVE TALKED ABOUT THIS AS A FORMER DIPLOMATE WHO HAD OUR NATION’S HIGHEST SECURITY CLEARANCE AND WHO ACTUALLY WORKED ON THE EXECUTIVE ORDER THAT THE GOVERNMENT REALIZE UPON TO MAKE THIS ARGUMENT WHEN I WAS IN THE WHITE HOUSE, THIS DIVISION THAT SHE’S MADE MAKES NO SENSE. SHE SAYS, HEY, THESE DOCUMENTS ARE SO DANGEROUS WE’RE GOING TO ALLOW THE INTELLIGENCE COMMUNITY TO DO A DAMAGE ASSESSMENT. ARE WE BURNING THE IDENTITIES OF SPIES? ARE WE ENDANGERING AMERICANS OR OUR ALLIES BY HAVING THESE DOCUMENTS IN AN INSECURE LOCATION? BUT, FBI, DOJ, YOU CAN’T LOOK AT THEM. JOHN, THE

FBI AND THE DOJ ARE PART OF THE INTELLIGENCE COMMUNITY. IF IT’S DANGEROUS ENOUGH AND WE SEEM TO HAVE THAT HERE, THE ATTORNEY GENERAL AND OTHERS IN HIS BUILDING NEED TO BOTH DO THE CRIMINAL INVESTIGATION AND THE DAMAGE ASSESSMENT. THE ATTORNEY GENERAL CAN’T PUT A WALL UP IN THE MIDDLE OF HIS BRAIN. SO THEY’RE SAYING, HEY, YOUR ORDER ESSENTIALLY ENDANGERS NATIONAL SECURITY, PLEASE STAY THAT PART OF THE ORDER WHILE WE APPEAL IT. >> NORM, DOJ IS SAYING THAT THAT INTELLIGENCE DAMAGE ASSESSMENT ACTUALLY HAS TO PAUSE. THAT THESE THINGS ARE TOO INTERTWINED FOR THAT TO GO ON

IF SHE HAS THIS INJUNCTION. FIRST OFF, DOES THAT MAKE SENSE TO YOU? AND, DO YOU THINK THAT THE JUDGE IS GOING TO FIND THAT COMPELLING ENOUGH THAT SHE’S GOING TO SAY, OKAY, THAT MAKES SENSE? >> WELL, BRIANNA, WE HAD A LITTLE CLUE THAT THE JUDGE IS TAKING — JUDGE CANNON IS TAKING IT VERY SERIOUSLY BECAUSE AFTER DOJ FILED, SHE ORDERED THE PARTIES IN THE SPECIAL MASTER RECOMMENDATIONS, WHO THE SPECIAL MASTER SHOULD BE AND THE SO-CALLED ORDER OF OPERATIONS, HOW THE SPECIAL MASTER WILL WORK, EVEN THOUGH SHE HASN’T RULED ON THE STAY MOTION, SHE SAID I

WANT BOTH PARTIES TO ADDRESS HOW DOJ’S MOTION WILL AFFECT THE CHOICE AND OPERATION OF THE SPECIAL MASTER. SO I THINK THAT’S A TELL THAT SHE’S TAKING THIS SERIOUSLY. BRIANNA, DOJ HAS GIVEN HER A LIFE LINE. THIS IS THE WORST AND MOST DANGEROUS PART OF HER ORDER AND IF SHE’S SMART SHE WILL TAKE IT AND SHE WILL STAY THIS PART OF THE ORDER. I REALLY DO THINK IT JEOPARDIZES OUR NATIONAL SECURITY IF SHE DOESN’T. >> YEAH, THEY’RE KIND OF SAYING UNPRETZEL YOURSELF OR WE’RE HEADING TO THE 11th CIRCUIT FOR AN ACTUAL APPEAL HERE. NORM, GREAT TO

HAVE YOU ON. THANK YOU SO MUCH.