The DoJ has filed its appeal to Judge Cannon's denial of the stay of the injunction on DoJ use of classified records, in the criminal investigation of Trump's handling of those records. It was filed with the 11th District Court of Appeals.
1. The appeal seeks relief only for the denial of stay regarding the classified records, and the order to provide that subset of the seized records to both the special master, and to Trump's counsel.
2. The DoJ asserts that records marked classified undeniably belong to the government, and the government cannot be injuncted from reviewing it's own records.
3. The DoJ asserts that classified government records in which Trump has no property, personal or privileged interest, cannot be demanded or ordered to be provided to him or his counsel, in the absence of criminal charges that might require discovery. And even for that case, the DoJ has the right to redact classified information in the public interest.
4. The DoJ asserts that the master has no interest in reviewing classified government records, for personal or priveleged materials pertaining to Trump, as no such overlap exists, or is possible.
5. The DoJ asserts that irreparable harm is done to their investigation, as the classified records contain evidence for the existence of other missing records, as well as the custodial history and potential disclosure of classified information.
6. The DoJ asserts that no harm is done to Trump by investigation of records that don't belong to him. His only harm emanates from his potential criminal culpability as exposed in the investigation, which cannot be just cause for an injunction.https://s3.documentcloud.org/documents/ ... appeal.pdf