Former President Donald Trump on Tuesday told the 11th U.S. Court of Appeals that it should not lift the hold of a lower court judge brought to the Department of Justice using Mar-a-Lago documents identified as classified in its criminal investigation.
Trump argued that “the District Court’s orders are a reasonable preliminary step to restore order from chaos, and this Court should therefore reject the Government’s Motion.”
The case is going to Round 11 after Trump successfully sued to get a special counsel – i.e. third party attorney – to review documents the FBI seized at Mar-a-Lago on last month and the focus now is on who can work through the first 100 seized records marked as classified.
The Justice Department is appealing a federal judge’s move to halt the investigation for a special grand review and has asked the appeals court to process documents seized at Mar-a-Lago that were seized. marked as classified.
Prosecutors have argued that halting the criminal investigation against them poses national security risks. They said the criminal investigation was inseparable from the intelligence community’s review of the documents that U.S. Judge Aileen Cannon authorized it to proceed. In court filings last week, the Justice Department denied the idea that Trump could claim that any of those 100 records were his personal records – a claim that Trump may offer when trying to keep documents out of the hands of investigators. Additionally, the Justice Department questioned how Cannon got himself involved in the dispute in the first place, arguing that the judge had no authority to interfere with prosecutors’ review of the documents. .
The 11th Circuit litigation is ongoing as the court-appointed special presiding judge, Brooklyn-based Senior Judge Raymond Dearie, has begun establishing the review process. Finally on Tuesday, he will hold a status meeting with the parties to discuss the next steps of the process. In a letter to Dearie on Monday night, Trump’s team signaled opposition to interpretation as it began looking into what documents Trump is believed to have declassified.
Trump has claimed in media interviews that he declassified documents from the White House that he brought home in Florida, but his lawyers have stopped making such assertions in court.
This story is broken and will be updated.