Brandon Van Grack spoke to CNN about the U.S. 11th Circuit Court of Appeals saying in a unanimous opinion that any uncertainty over whether the 100-plus documents were still classified was a "red herring," and allowing the Justice Department's (DOJ) criminal probe into them to resume.
According to Brandon, the 11th Circuit was able to act quickly to resolve the dispute because the DOJ turned to the appeals court with a very narrow and clear-cut request.
"The singular issue was if there was any reason that DOJ cannot possess and use these documents marked as classified," Brandon said. "Legally it was so clear that there cannot and should not be that restriction."
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