US Justice Department appeals judge's special master ruling in Trump Mar-a-Lago case

Department argues documents should not be handed to a third party due to national security concerns

A redacted FBI photograph of classified documents recovered from a container in former president Donald Trump's estate at Mar-a-Lago in Palm Beach, Florida. Reuters

The FBI searched Mr Trump's home over what it said were 'likely' efforts to conceal classified files. AFP

The Mar-a-Lago property was raided by agents on August 8. Reuters

Pages from a Department of Justice court filing in response to a request from Mr Trump's legal team for a 'special master' to review the documents seized. AP

Journalists read a heavily redacted court document relating to the FBI search. AP

The former president condemned the raid as 'the weaponisation of the justice system'. AP

Pages from a Department of Justice court filing, in response to a request from Mr Trump's legal team. AP

Mr Trump had faced accusations of deleting private communications during investigations into his alleged role in the storming of the Capitol building on January 6 by his supporters. Reuters

Mr Trump departs Trump Tower for a deposition two days after the FBI agents raided his Mar-a-Lago home. Reuters

Pages of entirely redacted information in the released version of an affidavit from the US Justice Department that was submitted to a judge to support the execution of the FBI search warrant. Reuters

Mr Trump was also accused of taking a trove of classified documents from the White House, leading to speculation that those missing documents could have been the focus of the raid. Reuters

Mr Trump set up his Save America political action committee days after losing the 2020 election to Joe Biden. EPA

A Trump supporter outside the Paul S Rogers Federal Building and US Courthouse in West Palm Beach, Florida. AP

Mr Trump reportedly had more than 300 classified documents at Mar-a-Lago. AP

US Attorney General Merrick Garland speaks about the FBI's search warrant. Reuters

The US Department of Justice on Thursday said it was appealing a federal judge's decision regarding the ongoing investigation into classified documents found at former president Donald Trump's Florida home.

The agency asked Judge Aileen Cannon for a stay on some parts of her order, issued on Monday, which allowed for a special master to be assigned to the case and froze the US government's review of obtained documents.

The notice of appeal asks Ms Cannon to allow the continued use of documents marked classified that were discovered during an FBI search of Mar-a-Lago in Palm Beach, Florida.

It argues the use of the documents is lawful due to a federal court's approval of the agency's search warrant.

“A stay would simply allow the government to continue to review and use the same records — which, again, indisputably belong to the government, not [Mr Trump] — in its ongoing criminal investigation as well,” the appeal read.

It also asked that the judge not to force “the government to disclose those classified records to a special master for review”.

There were hundreds of government documents found at Mr Trump's residence, including material marked “top secret”, which requires some of the highest levels of security clearance to view or obtain.

Dozens of folders with “classified” labels were also found to be empty.

A Washington Post report this week said one of the documents found included sensitive information on a foreign country's nuclear readiness.

The FBI search on August 8 was done as part of a federal investigation into whether the former president and his team violated three federal laws in the mishandling of government documents taken from the White House after his presidency concluded.

In its filing, the Justice Department wrote that Mr Trump and his team cannot argue “he has any right to have those government records returned to him”.

It said that handing the documents over to a special master or returning them to Mr Trump's team may pose a risk to the country.

The agency also said handing classified documents over to a third party would be a risk as they involve material with a high level of significance for national security.

The Justice Department said that it will give Ms Cannon until September 15 to grant a stay on these measures or it will file a formal appeal with the 11th Circuit of Appeals.

An appeal in the Circuit of Appeals may prove difficult, as six of the 11 judges there were appointed by Mr Trump.

Ms Cannon was also appointed by Mr Trump when he was president.