The Justice Department requested the Supreme Court on Tuesday to reject former President Trump's request for intervention in his legal struggle and to allow the special master to analyze the sensitive materials collected at Mar-a-Lago.
Trump's petition to the Supreme Court comes after the 11th Circuit Court of Appeals agreed with the Justice Department, excluding around 100 classified records from the third-party special master's assessment of the materials taken from his Florida property.
DOJ vs. Trump
Trump's move was mostly based on procedural grounds, contending that the appeals court erred in issuing a stay of a challenge to a Florida judge's judgment appointing the special master, which blocked the DOJ from obtaining classified materials for its investigation.
However, the Justice Department retaliated against Trump on Tuesday, claiming that his legal team had done nothing to establish the necessity for the court's assistance since he had failed to demonstrate that he would be damaged if the court did not intervene, as per The Hill.
US District Judge Aileen Cannon imposed an injunction prohibiting the DOJ from using the 100 papers labeled as classified for investigation reasons. Cannon's injunction was reversed by the 11th Circuit, preventing Dearie from studying those papers. Dearie's study had been limited by the panel to include the non-classified materials recovered from Mar-a-Lago.
In a brief on Tuesday, the Justice Department claimed that the court of appeals properly found that it had the appellate authority to review and delay the section of the September 5 order that compels the government to turn over materials carrying classified marks for special-master review.
Trump's legal team now can file a formal legal response, which the Supreme Court will evaluate and issue an order on later. The decision might be made before the end of this week.
However, Trump's legal team argued in their initial filing to the Supreme Court that the case's unprecedented circumstances an investigation of the 45th President of the United States by the administration of his political rival and successor compelled the District Court to acknowledge the significant need for increased vigilance and to order the appointment of a Special Master to ensure fairness, transparency, and the maintenance of public trust.
DOJ Appeals Decision to Appoint Special Master
Trump's legal team stated that this unwarranted stay should be revoked since it significantly hinders the Special Master's continuing, time-sensitive work. In an 11th Circuit brief last month, the Justice Department said that it is unable to analyze papers collected from Trump's Florida estate that may represent evidence of crimes because Cannon decide to appoint a special master, Fox News reported.
Trump's lawyers had requested the Supreme Court to stay an appeals court judgment that allowed the Justice Department to continue utilizing sensitive materials in the criminal investigation into whether the former president violated federal law regulating the custody of government records.
Cannon had appointed Brooklyn federal judge Raymond Dearie as the case's special master to evaluate thousands of papers and determine whether they were protected by attorney-client privilege, executive privilege, or other legal safeguards. However, the appeals court ordered that more than 100 secret papers be removed from the review.
Trump's attorneys stated that Dearie required access to the secret materials to assess whether papers bearing classification marks are classified, regardless of whether they are classified or not.
Without the special master review, the unchallenged views of the current Justice Department would supersede the established authority of the Chief Executive, according to Trump's filing. The case is now before Justice Clarence Thomas, who can act alone or refer the emergency appeal to his colleagues, as is customary, according to New York Post.
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