Everyone is using “empty” language about the DOJ’s motion before the increasingly famous Judge Kaman in district court yesterday. Judiciary did not appeal despite media coverage. He did not file a motion for reconsideration, which invited the judge to recuse himself. Instead, the Justice Department cleverly used a “Motion for Partial Stay of Appeal” to ask Judge Cannon to “stay” (ever) the most damning part of his order to the government, the part that barred all further criminal investigations (see Ever , Ever That ). He requested the stay because of the material gathered in the search and because he intends to appeal the whole matter, at least as it stands now. They are permitted where there would otherwise be “irreparable harm” and DOJ believes they meet that standard.
Now that we’ve got that straight, it’s worth noting that the Justice Department told the court it believed Trump could still keep classified documents, but they didn’t.
From the movement itself via Reuters:
The prosecutors wrote: “Unless it is postponed, the government and the public will also suffer irreparable damage due to the undue delay in the investigation of the crime.”
“There may be a prohibition against the use of confidential records in a criminal investigation Additional classified records not properly maintained impede efforts to determine their existence – itself presents the potential for continued risk to national security,” they added.
They couldn’t have been more clear: “Judge, our investigation leads us to believe that there may be more classified documents in Bedminster, in Trump Tower, wherever not protected. We don’t know, and so we must continue to investigate. It is related to national security.” Judges generally refrain from doing this everything It touches on national security issues, which is one reason it is repeatedly used in the legislature.
To be sure, the fact that there may be other classified materials is not the only reason to propose staying in Canon’s order. In fact, it’s probably not even the most convincing reason. As this site has written before, the idea that FBI counterintelligence agents can conduct a national security investigation without investigating it as a criminal case is preposterous, and the Justice Department has said so, albeit a little more politely:
“Ongoing intelligence community taxonomy reviews and assessments are closely related to and not easily separable from the investigative areas of ongoing DOJ and FBI criminal investigations.”
It doesn’t take a day of legal training to understand the DOJ’s approach. Our national security breach investigation is – by its very nature – a parallel criminal investigation, and – obviously, a criminal investigation mostly informs about national security breaches.
Judge Cannon gave Trump’s lawyers until Monday to respond and will rule next week. Perhaps Cannon has since realized that in his zeal to help Trump, he was flying too close to the sun, singing and twisting it a bit, and took the DOJ’s action as a “halfway” measure. Maybe it’s going full MAGA.
We won’t know until next week, but at least we’ll start with the relevant legal framework and terminology, and we’ll know that the DOJ isn’t naive enough to think Trump can’t do it. yet Attempts to hide classified documents.
@JasonMisiak believes that a day uneducated is a day unlived. He is a political writer, author, writer and lawyer. She is a Canadian dual citizen who spent her teenage and college years in the Pacific Northwest and has since lived in seven states. Now he writes from the beaches of the Gulf Coast, enjoying life as a single father of a young daughter. She enjoys making flower pots, cooking and is currently studying the non-mathematical principles behind science, philosophy of religion and quantum mechanics and cosmology. Please contact for speaking engagements or any concerns.