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 surrounding letting the Special Master, Judge Raymond J Dearie, 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.link