The 11th Circuit Court of Appeals has ruled in favor of the U.S. Dept of Justice, National Security Division, and blocked the lower court order instructing the Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court is based on the DOJ calling the material “classified” and “vital to national security”, and the court’s determination they have no authority to question the decision of the executive branch when it comes to matters of national security.

The court (judicial branch) openly states they defer to the DOJ (executive branch) as to any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determine, on their own authority, to be identified as classified (sensitive, secret or top-secret).
Therefore, if the DOJ states sharing the “classified documents” with a special master may harm national security, the court must accept that position without challenge.



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.


