Here is the motion filed by the DoJ today, which requests a stay on the injunction for FBI review, but only for the classified records. For non-classified records, the DoJ agrees to the injunction, pending an appeal.
There are also a very brief to motion to appeal, and a brief motion to release the report from the FBI Filter Team, which had been filed under seal, but has since been included in the Judge's ruling, and widely reported in the media.https://storage.courtlistener.com/recap ... 69.0_1.pdf
1. The DoJ asserts that Trump can have no possible jurisdiction or standing with regard to classified documents, since the act of classification defines them as belonging to the government.
2. The DoJ asserts that the FBI cannot be extricated from the intelligence review of the classified documents, because they are primary facilitators of both the documents and the review.
3. The DoJ asserts that irreparable harm is done to the government's duty to carry out the investigation of the handling of classified documents, which is an essential and immediate public interest.
4. The DoJ asserts that no harm is done to Trump, beyond culpability or liability resulting from the investigation, from excluding the classified documents from the purview of the special master.
There is also an attached declaration of the Director of Counterintelligence, that FBI involvement is essential to the intelligence review.
Lastly DoJ signaled their intention to comply with another aspects of the Court's order involving the special master and provision of documents, pending appeal. They will submit their candidates and rules for the master tomorrow, as directed.
It's interesting that there is no mention of Trump's claim that the documents are declassified, either in the Judge's ruling or in the DoJ response. Yet that will be central to Trump's claim of privilege over the classified documents. It's as if neither the Court nor the DoJ wants to even touch or acknowledge that claim.
This whole case gets stranger by the minute!