A Tacit Admission?

Attorney General Merrick Garland (D) has filed his appeal (to the 11th Circuit) of the Federal district judge’s order blocking the DoJ from using certain documents seized in the DoJ’s Mar-a-Lago raid in its criminal investigation. That order parallels the judge’s appointment of a Special Master to oversee and sort through all of the seized documents. Garland’s appeal reads, in pertinent part,

Although the government believes the district court fundamentally erred in appointing a special master and granting injunctive relief, the government seeks to stay only the portions of the order causing the most serious and immediate harm to the government and the public by (1) restricting the government’s review and use of records bearing classification markings and (2) requiring the government to disclose those records for a special-master review process[.]

[R]estricting the government’s review and use of records bearing classification markings.

Garland no longer is willy-nilly calling the documents classified. Might this be his tacit admission that the documents aren’t actually classified?

Why does Garland not want them “disclosed” to the Special Master? The judge’s order here was for more than mere disclosure, too; she ordered the documents delivered to the Special Master for the explicit purpose of the Master’s assessment of whether they are classified. Why is Garland so terrified of an independent review, instead of his “trust me” position?

A tacit switch: the judge ordered the documents turned over to the Master, but Garland’s appeal refers only to disclosing the docs to the Master. Is Garland planning on continuing to refuse to turn them over if the Circuit court rejects his appeal of disclosure?

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