美国地区法官艾琳·坎农(Aileen Cannon)周四拒绝了司法部要求部分暂停她的裁决的请求,该裁决禁止联邦调查局在对唐纳德·特朗普(Donald Trump)进行的刑事调查中使用从Mar-a-Lago没收的约100份带有分类标记的文件,并要求将这些文件移交给一名特别检察官进行审查。
坎农还任命纽约东区高级地方法官雷蒙德·迪尔里(Raymond Dearie)为特别检察官。
在上周的一份文件中,DOJ检察官写道,如果她拒绝在周四结束前对他们的部分延期请求采取行动,他们将寻求第11巡回上诉法院的干预。这份文件相当于逐行谴责坎农的裁决。
检察官列举了对国家安全“不可挽回的伤害”的潜在可能性——不仅来自联邦调查局不得不停止对恢复记录的刑事调查,还来自她的裁决单独造成的不确定性,导致情报界暂停了对机密记录或任何英特尔来源或方法是否已被泄露的单独审查。
“为了评估不当保留机密记录对国家安全造成的潜在危害的全部范围,政府必须评估不当存储的机密信息可能被其他人访问和泄露的可能性,”DOJ反情报局长杰伊·布拉特(Jay Bratt)在文件中写道,他特别提到了从特朗普的遗产中拿走的几十个贴有机密横幅的空文件夹,以及评估之前放在这些文件夹中的文件是否被泄露或仍然丢失的必要性。
Judge denies DOJ request for stay in investigation of Trump's Mar-a-Lago docs
U.S. District Judge Aileen Cannon on Thursday denied the Department of Justice's request for a partial stay of her ruling that enjoined the FBI from using roughly 100 documents seized from Mar-a-Lago with classification markings in its ongoing criminal investigation of Donald Trump -- and mandated they be handed over to a special master for review.
Cannon has also appointed Raymond Dearie, senior district judge for the Eastern District of New York, as special master.
In a filing last week that amounted to a line-by-line rebuke of Cannon's ruling, DOJ prosecutors wrote that they would seek intervention by the 11th Circuit Court of Appeals if she declined to act on their request for a partial stay by the end of Thursday.
Prosecutors cited the potential for "irreparable harm" to national security -- not just from the FBI having to halt their criminal investigation of the recovered records but from the uncertainty her ruling had separately caused, leading the intelligence community to pause its own separate review of whether the classified records, or any intel sources or methods, have been compromised.
“In order to assess the full scope of potential harms to national security resulting from the improper retention of the classified records, the government must assess the likelihood that improperly stored classified information may have been accessed by others and compromised,” the DOJ counterintelligence chief, Jay Bratt, wrote in the filing, specifically referencing the dozens of empty folders with classified banners on them taken from Trump's estate and the need to assess whether documents that were previously in them were compromised or remain missing.