On Thursday, the DOJ's appeal was rejected.
The judge wasn't convinced that Trump couldn't have an interest in the documents.
A special master review was needed before the judge would accept the claim.
The Justice Department claimed that Donald Trump does not have a possessory interest in some documents that were seized from Mar-a-Lago because they are classified government records.
Judge Cannon of the US District Court for the Southern District of Florida rejected the DOJ's appeal and appointed a special master to review more than 11,000 documents seized from Mar-a-Lago.
Judge Cannon wrote in her decision that her court can't accept the department's claims that Trump shouldn't have had the classified documents until the review is complete.
Cannon wrote that the court did not find it appropriate to accept the Government's conclusions without further review.
Raymond Dearie was the Chief Judge of the US District Court for the Eastern District of New York. The review must be completed by November 30.
Cannon wrote that she couldn't accept the Justice Department's argument that Trump doesn't have a "plausible claim of privilege" when it comes to classified documents.
Legal experts have questioned Cannon's judgment that Trump may have executive privilege over the records since the government owns them and since the Biden administration has not asserted privilege over them.
Cannon's order allows the government to review the documents for intelligence classification and national security assessments.
Business Insider has an article on it.