Up until this week, VICE News was prohibited from reporting on the RCMP's production order due to a court-ordered sealing order.
Justice Sotomayor also questioned whether enforcing the government's production order would create international problems.
Her production order this month is for 3,700 pieces, down from 4,000 a year ago.
"My thinking was it wouldn't actually make a difference if a production order was in place or not".
It would be time enough to deal with a production order based on that statute when it arose.
A person receiving a production order may challenge the legality of the production order or any nondisclosure order imposed in connection with the production order by filing a petition with the pool established by section 1803 e)(1) of this title.
In a statement, the CPS said: "[On] Monday the Metropolitan police asked the CPS for advice in relation to seeking a production order against Guardian Newspapers.
In that case the High Court was asked to approve a production order in respect of a letter sent by Shayler to a Guardian journalist.
In the past decade or so, the shorts have come out on DVD, but they were out of production order and grouped thematically, with many shorts unavailable.
The Met stressed that Hogan-Howe, despite being in charge of professional standards as deputy commissioner, was not involved in the original decision to seek a production order.
