As the DOJ-NSD originally threatened, they have filed an appeal of the ruling by Judge Cannon in the Trump Mar-a-Lago document case. [Pdf Here]
The DOJ is requesting the 11th Circuit Court to intervene and “stay” or block a part of the ruling allowing the Special Master, Judge Raymond J Dearie, to review the “classified documents” and make an independent determination as to the validity of the DOJ-NSD claims.
Having read all the motions in the case, you can get a sense of the authorship from the motion. From my perspective this effort appears to have been written by the Lawfare group and filed by their allies in Main Justice at the DOJ National Security Division (DOJ-NSD). The bottom line is they really don’t want any outside party making a determination as to the status of the 100 “classified documents,” and/or consider if President Trump had previously declassified them.
The crux of their position is outlined in this part of the motion, which appears to hold a logical fallacy [pdf link Here]:

The framework of the appeal appears to be built on a false premise. The DOJ argument is contingent upon the government not having the original documents, and the claim is made *AS IF* there is only one copy. Even if this appeal is within the framework of a valid issue for an appellate court review (not a guarantee), when you apply commonsense the motion fails on its face.
The original documents are always retained by the originating agency. No one, not even the President, sees original intelligence documents from within any agency creating the product. Everything, including what President Trump would have seen while in office, and including any “read and return” version of the intelligence product, is a copy that stems from the originals. As a result, the executive branch (DOJ) has access to the originals regardless of what copies they may have retrieved from Mar-a-Lago.

Within this new Build Back Better system, driven by the policies of western nations, it appears things are changing quickly. Democracy or capitalism in Germany is now quickly dispatched, as socialism -state control- becomes the priority.
This ‘surveillance system‘ has been of great interest to CTH for several years, in part because it is a key aspect of the domestic intelligence system now operating as a functioning part of the Fourth Branch of Government. The overwhelming majority of the investigative resources within the Dept of Homeland Security (DHS) are used in this whole of network monitoring system.




