Feds seek to fast-track appeal in Trump Mar-a-Lago documents fight - POLITICO

“The government is … unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff’s residence, how they were stored, and who may have accessed them,” DOJ officials, including counterintelligence chief Jay Bratt, wrote in the filing with the Atlanta-based 11th Circuit Court of Appeals.

The Justice Department is seeking an expedited review of its appeal of Cannon’s order establishing the special master review.

The Justice Department noted that she has repeatedly overruled decisions made by the special master she appointed at Trump’s suggestion, Senior U.S.

“Based on the district court’s orders thus far, the government is barred from accessing all of the materials except those with classification markings recovered in August pursuant to a lawful search warrant — and it may continue to be barred from doing so until mid-December or later,” the officials wrote as they asked the appeals court to weigh in promptly on the legal issues, including Trump’s claims of executive privilege

“Absent such resolution by this Court, the special master proceedings could result in prolonged litigation, including through seriatim appeals to the district court from reports and recommendations and other rulings issued by the special master,” the prosecutors wrote

The Justice Department’s motion also seeks to capitalize on a ruling earlier this month from an 11th Circuit panel which unanimously granted the government’s request to exclude about 100 documents with classification markings from the special master review