Judge will likely grant DOJ request to continue review of documents, legal expert says

Federal prosecutors requested on Thursday a stay, attempting to block Judge Aileen Cannon’s prior ruling preventing the FBI and DOJ from continuing its review of classified documents in connection with its criminal investigation into Trump’s handling of documents seized at former President Donald Trump’s Mar-a-Lago estate.

Prosecutors said there was risk of “irreparable harm” to national security and the ongoing investigation if the stay was not granted.

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Trump’s legal team responded on Monday, saying that appointing a special master to review the documents is a “sensible preliminary step toward restoring order from chaos,” and urged Cannon to reject the request for a stay.

In order to break down recent developments, ABC News Live Prime spoke with Florida state attorney Dave Aronberg.

PRIME: Dave Aronberg, a state attorney in Palm Beach County, thank you so much for joining us. The Justice Department was fairly aggressive in taking on the arguments in Judge Cannon’s prior ruling. How effective of a case do you think that the DOJ made in calling for a stay that would let them keep reviewing the classified records at the heart of this case?

ARONBERG: I think it was their only choice because if they don’t get this partial stay, then it jeopardizes our national security because what Judge Cannon did was really inconsistent. She said, ‘Hey, FBI and DOJ, you cannot use and review those documents you seize from Mar-a-Lago while the special master review is pending. But at the same time, intelligence community, you can continue with your review to make sure these documents didn’t damage national security by the fact that they’re being kept in a Palm Beach social club.’

It doesn’t make sense because the FBI is part of the intelligence community review of those documents. I mean, the CIA is not a domestic law enforcement agency. The intelligence community depends on the FBI. So I think what the DOJ is doing on this motion is to give the judge a way out, a chance to redeem herself before she gets overturned on appeal.

PRIME: Do you think she will redeem herself?

ARONBERG: I think she will. If you saw her comment recently, it was, ‘hey, Trump’s attorneys, what do you make of this motion?’ It seemed like she was sort of hedging her bets by saying, ‘can you speak to the fact that the DOJ is asking for a partial stay?’

And remember, this is just to allow DOJ to review the 100-plus classified documents, not all the documents, just the 100-plus…