The panel ruled that Judge Aileen Cannon erred.
www.politico.com
"A three-judge appeals court panel has granted the Justice Department’s request to block aspects of U.S. District Court Judge Aileen Cannon’s ruling that delayed a criminal investigation into highly sensitive documents seized from former President Donald Trump’s Mar-a-Lago estate.
The panel ruled that Cannon, a Trump appointee, erred when she temporarily prevented federal prosecutors from using the roughly 100 documents — marked as classified – recovered from Trump’s estate as part of a criminal inquiry.
Trump “has not even attempted to show that he has a need to know the information contained in the classified documents,” the panel ruled in a
29-page decision. “Nor has he established that the current administration has waived that requirement for these documents.”
Two of the three judges on the panel, Andrew Brasher and Britt Grant, were appointed to the court by Trump. The third, Robin Rosenbaum, was appointed by President Barack Obama. In the unanimous decision, the judges declared it “self-evident” that the public interest favored allowing the Justice Department to determine whether any of the records were improperly disclosed, risking national security damage."
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"Throughout their ruling, the three judges made clear they had little patience for Trump’s freewheeling claims about the status of the 100 documents, noting that he had presented no evidence to support those public assertions. And they noted drily that there’s a common sense reason for documents to include classified markings.
“Classified documents are marked to show they are classified, for instance, with their classification level,” the panel observed."