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Trump has asked the US Supreme Court to intervene in the seizure of secret records

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Washington, Oct 4: Former President Donald Trump on Tuesday asked the US Supreme Court to intervene in his fight with the Justice Department over classified documents seized from his Florida home as part of a criminal investigation into the handling of government records.

Trump filed an emergency request asking the justices to block part of a lower court ruling to prevent an independent arbitrator requested by Trump, known as a special master, from examining more than 100 of the 11,000 records seized by FBI agents. Aug. 8 at Mar-a-Lago Estate in Palm Beach. Read more

The 11th US Circuit Court of Appeals in Atlanta on September 21 rejected a decision by US District Judge Eileen Cannon to temporarily bar the department from examining classified documents seized until a special master waives what it considers privileged. Withheld from researchers.

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Justice Clarence Thomas, appointed to evaluate emergency appeals from the 11th Circuit, late Tuesday requested a response from the Justice Department by Oct. 11. Thomas is one of six conservatives on the nine-member Supreme Court.

The 11th Circuit’s special master, Judge Raymond Deary, blocked access to documents with classified markings, citing the importance of limiting access to classified information.

In Tuesday’s filing, Trump’s lawyers said Deary wanted access to “determine whether documents bearing classification marks are in fact classified and, regardless of classification, whether those records are personal records or presidential records.”

Trump’s attorneys added that the Justice Department “tried to criminalize the document management dispute and now vehemently opposes a transparent process that would provide much-needed oversight.”

The court-approved Mar-a-Lago search was part of a federal investigation into whether documents were illegally kept from the White House and Trump tried to obstruct when Trump left office in January 2021 after his failed 2020 re-election bid. Research.

The investigation seeks to determine who accessed classified materials, whether they were compromised, and whether any accounts were unaccounted for. The 11th Circuit’s ruling included documents bearing confidential, secret, or top secret classification markings.

Cannon, who presided over Trump’s lawsuit seeking to limit the Justice Department’s access to seized documents, blocked review of all materials and named Deary to review records, which could hinder the investigation.

On September 15, Cannon, appointed to the bench by Trump, rejected a Justice Department request to partially lift his order on classified materials because it impeded the government’s effort to reduce potential national security risks from their unauthorized disclosure.

The three-judge 11th Circuit panel includes two judges appointed by Trump and one by former President Barack Obama.

Noting that the classified records belong to the US government, the 11th Circuit suspected Trump had a “personal interest” in them and “did not even attempt to show a need to know the information contained in the classified documents.”

The 11th Circuit also rejected any suggestion that Trump had declassified documents — as the former president claimed — saying there was “no evidence” of such action and a “red herring” argument that “declassifying an official document does not change its content.” Or deliver it in person.”

In Tuesday’s filing, Trump’s lawyers said he has “broad authority to control the classification and access to classified documents.” In an interview with Fox News last month, Trump again declassified documents without evidence and claimed he had the power to do so “by even thinking about it.”

The three laws that formed the basis of the search warrant used by the FBI at Mar-a-Lago criminalize the mishandling of government records regardless of their classified status.

Cannon instructed Deary to review all seized materials, including those classified, to identify anything subject to attorney-client privilege or executive privilege — a legal doctrine that protects some White House communications from disclosure.

The document investigation is one of several legal issues facing Trump as he contemplates whether to run for president again in 2024. New York state’s attorney general filed a civil suit last month against Trump and his three grown children, alleging fraud and misrepresentation in financial arrangements. Advertisements from a family real estate company. The Trump Organization is also set to go on trial on October 24 on New York State criminal tax fraud charges.

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Reporting by Andrew Chung and Nate Raymond in Washington; Additional reporting by Kanishka Singh; Editing by Will Dunham and Grant McCool

Our criteria: Thomson Reuters Trust Principles.

Nate Raymond

Thomson Reuters

Nate Raymond reports on the federal judiciary and litigation. He can be reached at [email protected]

Trump has asked the US Supreme Court to intervene in the seizure of secret records

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Trump has asked the US Supreme Court to intervene in the seizure of secret records

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