If Trump-appointed judge is 'smart' she'll grab the 'lifeline' the DOJ just threw her: legal expert

According to attorney Norm Eisen, Aileen Cannon, the Donald Trump-appointed U.S. district judge of the U.S. District Court for the Southern District of Florida, would be wise to agree with a legal filing submitted late Thursday by the DOJ asking her to stay a ruling she made on sensitive documents the former president was hoarding at his Mar-a-Lago resort.

Cannon set off legal fireworks earlier in the week with her widely criticized ruling that tied the Department of Justice's hands in their investigation into obstruction and possible violations of the Espionage Act by the former president.

According to Eisen, who spoke with CNN's Brianna Keilar and John Berman, the DOJ filing was expertly crafted to allow Cannon to gracefully avoid having an appeals court overrule her.

"Norm, DOJ is saying that that intelligence damage assessment actually has to pause, that these things are too intertwined for that to go on if she has this injunction," Keilar prompted. "First off, does that make sense to you? And, do you think that the judge is going to find that compelling enough that she's going to say, okay, that makes sense?"

"Well, Brianna, we had a little clue that the judge is taking -- Judge Cannon is taking it very seriously because after DOJ filed, she ordered the parties in the special master recommendations, who the special master should be and the so-called order of operations," he replied.

"How the special master will work, even though she hasn't ruled on the stay motion, she said I want both parties to address how DOJ's motion will affect the choice and operation of the special master," he added.

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"So I think that's a tell that she's taking this seriously," he elaborated. "Brianna, DOJ has given her a lifeline. This is the worst and most dangerous part of her order and if she's smart she will take it and she will stay this part of the order. I really do think it jeopardizes our national security if she doesn't," he concluded.

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