The details of the appeal are unclear, so we'll see if this is an appeal of the entire order, a portion, or if there are other nuances.
MORE: DOJ has asked Judge Cannon to stay parts of her order, saying the national secyrity review is inextricably linked tot he criminal investigation and can't be seaprated. storage.courtlistener.com/recap/gov.usco…
MORE: DOJ also says it's urgent that the FBI be permitted to help investigate the empty folders with classification markings to determine what they once held and whether their contents "may have been lost or compromised." storage.courtlistener.com/recap/gov.usco…
NEWS: The Justice Department is moving to block Judge CANNON's order, warning of significant national security risks caused by her effort to block the FBI criminal review of the seized documents.
IMPORTANT: ODNI has actually paused its national security risk assessment, citing "uncertainty regarding the bounds of
the Court’s order and its implications for the activities of the FBI." politico.com/news/2022/09/0…
MORE: DOJ says Cannon's analysis essentially conceded that "no potential assertion of executive privilege by Plaintiff could justify preventing the Executive Branch from conducting that review and assessment of the classified records."
DOJ is now moving for Cannon to unseal more details about its filter review process for attorney-client privilege, saying Trump's lawyers are making blanket objections that should be rejected.
DOJ says the filter review process was, by design, "overly inclusive."
MEANWHILE: Over on Truth Social, Trump rails against the DOJ appeal, praising Cannon as "a brilliant and courageous Judge whose words of wisdom rang true throughout our Nation."
UPDATE: Judge Cannon has issued an order asking the parties to consider, in Friday’s filings, DOJ’s views about the 100 classified documents retrieved from Mar-aLago
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GRASSLEY asks if Jeffrey Epstein was a U.S. government or foreig government asset. Patel says he can only speak for the FBI and that Epstein was not a source for the bureau.
PATEL uses his opening statement tosay Alex Acosta's handling of the original Epstein case was the "original sin" of the saga, saying the nonprosecution agreement he struck after initial plea deal locked down many records under court order.
PATEL says the Jan. 6 pipe bomb investigation is "ongoing." He says there's "a lot of evidence" but he can't share it yet.
LAWSUIT INCOMING: FBI leaders fired by Director Kash Patel — including Brian Driscoll and Steve Jensen — have filed some kind of action against the Patel and the bureau. Details TK
UPDATE: In the lawsuit, three senior FBI officials fired by Kash Patel say Patel informed them that he was instructed to "fire anyone" who worked on any investigation related to Trump. And said his own job depended on carrying out the firings. storage.courtlistener.com/recap/gov.usco…
The FBI officials say Patel informed Driscoll that his vetting for FBI leaderhsip woudl be fine, so long as he hadn't donated to Dems or voted for Kamala Harris. storage.courtlistener.com/recap/gov.usco…
BREAKING: A federal judge has *blocked* the Trump administration from abruptly deporting 600 unaccompanied Guatemalan children — perhaps within a matter of hours — granting an emergency restraining order after advocates called the plan illegal + dangerous. storage.courtlistener.com/recap/gov.usco…
NEW: Judge Sooknanan acted quickly to block as many as 600 Guatemalan children from being deported by the Trump administration without due process. A judge in Illinois took a similar step for 4 children whose lawyers sued Saturday.
@joshgerstein MORE: This is reminiscent of the emergency fight over Alien Enemies Act — an overnight lawsuit alleging abrupt deportations and violation of due process, quick restraining order by a judge, hearing set for the afternoon.
HAPPENING NOW: Judge Xinis is leaning toward issuing another restraining order to block Kilmar Abrego Garcia's immediate deportation to Uganda at least through this week — she wants an evidentiary hearing on Friday.
XINIS says law may require Abrego's deportation to his country of choice, given that Costa Rica has indicated a willingness to accept him, give him refugee status and vow not to re-deport him to El Salvador.
Uganda, where administration plans to send him, has made no promises.
XINIS emphasizes that she has serious concerns about the claim that DOJ pressured Abrego into a guilty plea by offering him deportation to Costa Rica — and threatening deportation to Uganda if he refused.
DOJ's Drew Ensign says Abrego's deportation is not "imminent," given pace of third-country removals.
AND WE'RE UNDERWAY: Judge Reyes has taken the bench to consider DC's emergency bid to block Trump's takeover of the city's police department.
REYES notes the attack on DOGE employee Ed Coristine and the prior claim by Trump + allies that crime in DC has been significantly down this year before deciding there was a national emergency.
But she says she will assume, for today, that the emergency claim is legit.
Arguing for DOJ: Yaakov Roth, principal deputy assistant attorney general of the Civil Division.
HAPPENING NOW: President Trump's deployment of the military into L.A. is on trial before Judge Breyer, who will decide whether the effort violates the Posse Comitatus Act.
First witness: Army Deputy Chief of Staff William Harrington.
Lawer for Newsom now underscoring that leaders of the federalized National Guard troops were generally trained to be aware of Posse Comitatus Act and the strict limits it puts on their domestic law enforcement activity.
Newsom's lawyers now eliciting testimony about all of the operations Guard troops participated in during deployment in LA, including 2 against marijuana farms in Mecca and Camarillo
Also, Harrington confirms HEGSETH directly approved guard role in operation in MacArthur Park.