Homing in on the weakest parts of a Labor Day order granting former president Donald Trump a special master to review materials seized in the Mar-a-Lago search, the Justice Department has asked federal district judge Aileen Cannon to undo restrictions she imposed on the government’s ability to use classified documents removed from the estate. The government’s application, filed on Thursday, warns that it will promptly appeal if Judge Cannon does not grant its narrow request within a week.

Ominously, prosecutors also signaled that their criminal investigation of the former president’s alleged mishandling of national-defense secrets is active and intensifying: exploring the possibility that Trump continues to retain highly sensitive intelligence and may have relocated and/or misplaced some classified documents. The uncovering of such conduct, if it happened, would dramatically increase the likelihood that he would face criminal charges.

Speculation over whether the Justice Department would appeal the order Cannon issued Monday has been rampant. Prosecutors appear to have settled on a strategy that could obviate any appeal, although they are keeping their options open.