The Justice Department said in a statement that it was appealing the judge's decision to appoint an arbiter to review the records.

The department asked the judge to put on hold her order prohibiting it from using the seized records for investigative purposes while it contests her ruling.

The intelligence community temporarily halted a damage assessment of the classified records taken from Mar-a-Lago because of uncertainty about the judge's order.

The government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is stopped.

Related video: A guide to the Mar-a-Lago search fallout - Yahoo News Explains

The FBI executed a search warrant at Mar-a-Lago, the Florida country club owned by former President Donald Trump, in early August. We know a lot about what happened. Yahoo News explains where things stand and what to expect as the search for a third-party special master to review the potentially sensitive materials seized at Mar-a-Lago begins.

The judge granted the Trump team's request for a special master and temporarily blocked the Justice Department from using for investigative purposes the thousands of records taken from Mar-a-Lago.

The order slows the pace of the investigation into the presence of classified documents.

The notice of appeal was filed by the Justice Department, which had opposed such an appointment.

Cannon said that the special master will review the records from Mar-a-Lago to make sure they are not protected by attorney-client privilege or executive privilege.

The illegal retention of national defense information at Mar-a-Lago has been the subject of a Justice Department investigation. It is not known if Trump or anyone else will be charged.

The two sides were told to make a proposal by Friday. Lawyer or former judge fill that role.