It appears that the DOJ can release information when it is compelled to do so. In this case, the DOJ just released a more detailed list of items that could have been released previously without any danger to the investigation or national security (foxnews.com/politics/trump…)
The Justice Department on Friday filed a more detailed list of documents taken in its raid of former President Donald Trump’s Mar-a-Lago resort, including dozens of classified documents and folders with classified markings.
Also included was a wide assortment of other items, including over 1,000 documents that did not have classified markings, several “Article of Clothing/Gift Item” entries and hundreds of printed news articles.…Notably, in a footnote in its earlier filing, the DOJ said it could release more information on what it collected in “extraordinary circumstances.” It did so as part of its effort avoid the appointment of a Special Master
…Notably, the list includes further evidence of the overbroad seizure, including several “Article of Clothing/Gift Item” entries and hundreds of printed news articles. Yet, the DOJ previously stated that it should not have to give back any such material. …The DOJ may hope that its release of information might be enough to prompt the Court to abandon its earlier indication that it wants to appoint a special master. The judge pressed the DOJ yesterday on some untenable arguments against such an appointment
…That includes the absurd position that a special master would threaten national security. The list shows that there is ample reason for an independent person to review was was seized and what should be returned. …The filing also reaffirms that the DOJ views this as an “active criminal investigation.” With its earlier statement that it believes that there was obstructive conduct, the statement seems to further commit the DOJ to the path of possible prosecution.