THE JUSTICE DEPARTMENT HAS SAID IT PLANS TO
APPEAL A COURT-ORDERED SPECIAL MASTER TO REVIEW THE MATERIALS
SEIZED BY THE FBI AT MAR-A-LAGO, PRESIDENT TRUMP'S BEACH HOME.
THE DOJ IS ACTUALLY FILING A MOTION WITH A FEDERAL JUDGE
CARVING OUT PART OF HER RULING, SAYING THAT THE FBI SHOULD BE
ABLE TO LOOK AT CLASSIFIED DOCUMENTS THAT WERE SEIZED
THERE. WITH US NOW CNN LEGAL ANALYST
NORM EISEN, THE HOUSE JUDICIARY COMMITTEE'S SPECIAL COUNSEL
DURING DONALD TRUMP'S FIRST IMPEACHMENT TRIAL.
I KNOW YOU AGREE WITH WHAT THE JUSTICE DEPARTMENT IS DOING
HERE, I KNOW YOU DISAGREE WITH JUDGE CANON'S ORIGINAL RULING.
CAN YOU EXPLAIN EXACTLY WHAT THEY'RE ASKING HERE?
IT'S AN INTERESTING CARVEOUT. >> JOHN, THANKS FOR HAVING ME
BACK. YES, THE JUSTICE DEPARTMENT IS
SAYING TO JUDGE CANNON, WE'RE NOT GOING TO APPEAL RIGHT NOW
YOUR DECISION TO APPOINT A SPECIAL MASTER OR PROHIBIT US
FROM USING THE 11,000 NONCLASSIFIED DOCUMENTS, BUT FOR
A SMALL SUBSET OF DOCUMENTS THAT WERE SEIZED BY THE JUSTICE
DEPARTMENT WHEN IT EXECUTED ITS SEARCH WARRANT AT MAR-A-LAGO A
BIT OVER 100 DOCUMENTS THEY'RE SAYING, JUDGE, DON'T STOP US
FROM USING THESE WHILE WE INVES
INVESTIGATE, ISSUE A STAY OF YOUR EARLIER ORDER SO THAT WE
CAN APPEAL THIS TO THE 11th CIRCUIT.
THEY'VE GIVEN UP ON HER, THEY ARE NOT ASKING HER TO
RECONSIDER, THEY'RE GOING TO GO UP ON APPEAL BUT IN THE MEANTIME
THEY SAY DON'T TIE OUR HANDS ON THESE DOCUMENTS, IT'S DANGEROUS
TO NATIONAL SECURITY. >> SO WHY?
WHY THESE DOCUMENTS? WHAT'S THE JUSTIFICATION TO LET
THEM CONTINUE TO LOOK AT THESE ROUGHLY, I UNDERSTAND, 100
DOCUMENTS? >> WELL, THE JUSTIFICATION IS
THAT THE JUDGE SAID IN HER EARLIER ORDER, JOHN, THAT SHE
WAS GOING TO BIFURCATE. SHE WAS GOING TO ALLOW -- THESE
DOCUMENTS ARE SO DANGEROUS AND WE HAVE TALKED ABOUT THIS AS A
FORMER DIPLOMATE WHO HAD OUR NATION'S HIGHEST SECURITY
CLEARANCE AND WHO ACTUALLY WORKED ON THE EXECUTIVE ORDER
THAT THE GOVERNMENT REALIZE UPON TO MAKE THIS ARGUMENT WHEN I WAS
IN THE WHITE HOUSE, THIS DIVISION THAT SHE'S MADE MAKES
NO SENSE. SHE SAYS, HEY, THESE DOCUMENTS
ARE SO DANGEROUS WE'RE GOING TO ALLOW THE INTELLIGENCE COMMUNITY
TO DO A DAMAGE ASSESSMENT. ARE WE BURNING THE IDENTITIES OF
SPIES? ARE WE ENDANGERING AMERICANS OR
OUR ALLIES BY HAVING THESE DOCUMENTS IN AN INSECURE
LOCATION? BUT, FBI, DOJ, YOU CAN'T LOOK AT
THEM. JOHN, THE FBI AND THE DOJ ARE
PART OF THE INTELLIGENCE COMMUNITY.
IF IT'S DANGEROUS ENOUGH AND WE SEEM TO HAVE THAT HERE, THE
ATTORNEY GENERAL AND OTHERS IN HIS BUILDING NEED TO BOTH DO THE
CRIMINAL INVESTIGATION AND THE DAMAGE ASSESSMENT.
THE ATTORNEY GENERAL CAN'T PUT A WALL UP IN THE MIDDLE OF HIS
BRAIN. SO THEY'RE SAYING, HEY, YOUR
ORDER ESSENTIALLY ENDANGERS NATIONAL SECURITY, PLEASE STAY
THAT PART OF THE ORDER WHILE WE APPEAL IT.
>> NORM, DOJ IS SAYING THAT THAT INTELLIGENCE DAMAGE ASSESSMENT
ACTUALLY HAS TO PAUSE. THAT THESE THINGS ARE TOO
INTERTWINED FOR THAT TO GO ON IF SHE HAS THIS INJUNCTION.
FIRST OFF, DOES THAT MAKE SENSE TO YOU?
AND, DO YOU THINK THAT THE JUDGE IS GOING TO FIND THAT COMPELLING
ENOUGH THAT SHE'S GOING TO SAY, OKAY, THAT MAKES SENSE?
>> WELL, BRIANNA, WE HAD A LITTLE CLUE THAT THE JUDGE IS
TAKING -- JUDGE CANNON IS TAKING IT VERY SERIOUSLY BECAUSE AFTER
DOJ FILED, SHE ORDERED THE PARTIES IN THE SPECIAL MASTER
RECOMMENDATIONS, WHO THE SPECIAL MASTER SHOULD BE AND THE
SO-CALLED ORDER OF OPERATIONS, HOW THE SPECIAL MASTER WILL
WORK, EVEN THOUGH SHE HASN'T RULED ON THE STAY MOTION, SHE
SAID I WANT BOTH PARTIES TO ADDRESS HOW DOJ'S MOTION WILL
AFFECT THE CHOICE AND OPERATION OF THE SPECIAL MASTER.
SO I THINK THAT'S A TELL THAT SHE'S TAKING THIS SERIOUSLY.
BRIANNA, DOJ HAS GIVEN HER A LIFE LINE.
THIS IS THE WORST AND MOST DANGEROUS PART OF HER ORDER AND
IF SHE'S SMART SHE WILL TAKE IT AND SHE WILL STAY THIS PART OF
THE ORDER. I REALLY DO THINK IT JEOPARDIZES
OUR NATIONAL SECURITY IF SHE DOESN'T.
>> YEAH, THEY'RE KIND OF SAYING UNPRETZEL YOURSELF OR WE'RE
HEADING TO THE 11th CIRCUIT FOR AN ACTUAL APPEAL HERE.
NORM, GREAT TO HAVE YOU ON. THANK YOU SO MUCH.