Executive Branch

Justice Department Files Motion for Partial Stay of Cannon’s Order to Appoint a Special Master

Katherine Pompilio
Thursday, September 8, 2022, 4:45 PM

The Justice Department argued that the order would “cause the most immediate and serious harm to the government and the public.”

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On Sept. 8, the Justice Department filed a notice of appeal and motion for partial stay of U.S. District Judge Aileen Cannon’s decision to grant former President Trump’s request for a special master to oversee materials seized during the FBI’s search of his Mar-a-Lago residence. 

In the motion to stay Cannon’s order, the Justice Department argued that the order would “cause the most immediate and serious harm to the government and the public.” The Justice Department also asserted that the FBI should be authorized to evaluate empty folders with “classified banners” seized at Mar-a-Lago to “assess what materials might have previously occupied the folders and whether they may have been lost or compromised.”

FBI Assistant Director for Counterintelligence Alan Kohler, Jr. submitted a declaration in support of the motion, which was included as an exhibit in the Justice Department's filing.

You can read the motion to stay here or below:


Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.

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