Supreme Court is asked not to intervene in Trump records fight

The Justice Department asked the Supreme Court in a filing Tuesday not to interfere in an ongoing dispute with former President Trump over classified documents, arguing that Trump “didn’t even try to explain” how he was affected by an appeals court decision is harmed not to do so Allow a special master to examine secret documents found on his estate in Mar-a-Lago.

Last week, Trump asked the Supreme Court to decide whether to allow a special counsel to examine about 100 classified records found during the court-authorized search of his Florida home in early August. The Department of Justice is investigating alleged storage of classified information, theft of government documents and obstruction of justice.

In their petition to the Supreme Court, Trump’s attorneys wrote that “any restriction on the full and transparent review of materials seized in the extraordinary raid on a president’s home undermines public confidence in our justice system.”

The motion asks the Supreme Court to overturn a unanimous decision by a three-judge panel of the US Circuit Court of Appeals for the 11th Circuit that granted the Justice Department’s request to separate the classified records from an outside review of about 200,000 pages Experts keep documents that the FBI seized during the search. The panel dismissed Trump’s argument that the classified documents could be his property, not the government’s, and said it saw no reason why Trump had “an individual interest or need in any of the hundred documents with non-disclosure markings.”

The 11th Circuit also overturned a lower court decision, allowing the Justice Department to use the confiscated classified documents in its ongoing criminal investigation while the special master conducts his review. Trump has not asked the Supreme Court to consider that part of the panel’s decision, but the Supreme Court may choose to do so.

U.S. District Judge Aileen Cannon appointed Raymond Dearie, a senior judge for the U.S. District Court for the Eastern District of New York, as special counsel and tasked him with evaluating what materials are protected from Justice Department investigations by claims from attorneys, clients, or officers could be privilege. The review is expected to take months.

The Justice Department has also appealed to the 11th Circuit against the appointment of a special master, saying the process was unnecessary, in part because officials had already completed a review of documents that may be subject to attorney-client privilege and had set them aside. It has also been argued that a special master should not be charged with clarifying claims to executive privileges.

https://www.latimes.com/politics/story/2022-10-11/department-of-justice-responds-to-trumps-appeal-to-supreme-court Supreme Court is asked not to intervene in Trump records fight

Alley Einstein

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