![]() ![]() In Tuesday's filing, the Justice Department said Trump's request should be denied because he has not shown that the 11th Circuit erred in its conclusion that Cannon's order "was a serious and unwarranted intrusion on the executive branch's authority to control the use and distribution of extraordinarily sensitive government records." 5 barred the Justice Department from reviewing all of the seized materials for its criminal investigation, and named Dearie to review the records. 'UNWARRANTED INTRUSION'Ĭannon, who was appointed to the bench by Trump, on Sept. The three-judge 11th Circuit panel gave the department access to the documents marked as classified for its ongoing criminal investigation, and prevented Dearie from vetting those, noting the importance of limiting access to classified information and ensuring the department's probe would not be harmed. Cannon had temporarily barred the Justice Department from examining the seized documents until the special master she appointed, Judge Raymond Dearie, had identified any that could be considered privileged.Ĭannon had tasked Dearie to review all of the seized records, including classified ones, to locate anything subject to attorney-client confidentiality or executive privilege - a legal doctrine that shields some White House communications from disclosure - and thus off limits to investigators. ![]() District Judge Aileen Cannon, who is presiding over Trump's lawsuit. The Supreme Court's 6-3 conservative majority includes three justices appointed by Trump. Trump at the time asked a judge to appoint a special master, as the judge later did, to vet the seized documents and review whether any could be deemed privileged and potentially withheld from investigators. 22 in a bid to restrict Justice Department access to the documents as it pursues a criminal investigation of him for retaining government records, some marked as highly classified including top secret, at Mar-a-Lago after leaving office in January 2021. In a filing on Tuesday, the Justice Department urged the Supreme Court to reject Trump's request because he has not pointed to any "clear error" in the lower court's decision or shown how he is harmed by it. 4 asking the justices to lift a federal appeals court's decision to prevent the arbiter, known as a special master, from vetting more than 100 documents marked as classified that were among the roughly 11,000 records seized by FBI agents at his Mar-a-Lago estate in Palm Beach on Aug. Justice Department on Tuesday asked the Supreme Court to reject former President Donald Trump's bid to again empower an independent arbiter to vet classified records seized from his Florida home as part of his legal battle against investigators probing his handling of sensitive government records. ![]()
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