Former President Donald Trump no plans to appeal up Supreme Court a lower court order ending a special review of documents seized from his Mar-a-Lago estate, a source familiar with the matter told CNN.
Last week, one The federal appeals court ruled that a lower court judge made a mistake when she ordered a third party, or special owner, to be appointed to review about 100 classified documents that investigators found when they searched the home. his in Florida in August.
The former president’s legal team previously argued that it needed an outside expert to decide whether any documents found at Mar-a-Lago could be privileged. They have until Thursday to appeal the decision to the Supreme Court.
Their decision not to appeal will mark the end of a months-long legal battle over whether to conduct a review and will allow the Justice Department to step up their investigation into Trump keep confidential documents.
Recently, Trump was unsuccessful on the Supreme Court, even though it included three of his candidates.
For example, last month, the court cleared the way for the Internal Revenue Service to release Trump’s tax returns to a Democratic-led House committee. No dissent was noted with respect to the order. In October, the court declined to intervene in a separate dispute over documents marked as classified that were seized on his Florida estate.
Trump, meanwhile, recently called for an end to the Constitution to overturn the 2020 election and restore him to power in a social media post.
Thursday’s decision came after the US 11th Circuit Court of Appeals ruled in favor of the Biden Justice Department and reversed it. US District Judge Aileen Cannonask a “special owner” to determine which documents are not restricted to investigators. The three-judge panel said Cannon, a Trump appointee, should not have interfered in the first place.
“The law is very clear,” the appeals court wrote. “We cannot write a rule that allows any subject of a search warrant to stop government investigations after the warrant has been executed. Nor can we write a rule that only allows former presidents to do so.”
The opinion – taken jointly by a three-judge panel composed of Republican candidates, including two of Trump’s – refuted Trump’s arguments as to why a mastermind especially necessary. The court said that only in exceptional circumstances should it intervene in Justice Department investigations that are still in their early stages and that standard has not been met.
“This restriction protects against unnecessary judicial intervention in criminal investigations – an area of power vested in the executive branch,” the court wrote.
The appeals court said its new ruling would take effect unless a party to the case successfully seeks an order – known as a stay – that halts the ruling from taking effect while on appeal.
The appeals court’s opinion was a harsh rebuke of the way Cannon brought himself into the dispute. In addition to reversing the order, the appeals court directed her to dismiss the entire case.
The appeals court took aim at the idea, hinted at in her special employer appointment order, that Trump deserves special treatment because he’s a former president.
“It is indeed unusual for an order to be executed in the home of a former president – but not in a way that affects our legal analysis or otherwise allows the judiciary to intervene,” the court said. interfere with an ongoing investigation.”
To make “that special exception,” Round 11 wrote, “would challenge our Nation’s fundamental principle that our laws apply ‘to all, regardless of quantity, wealth or rank.’”
Trump searched for the special owner for several weeks after the search in August, securing a court order from Cannon. Judge Raymond Deariea senior judge sitting in Brooklyn, was assigned by Cannon to direct a review of the thousands of surviving documents.
During oral arguments in the 11th Round lawsuit, Trump attorney James Trusty said that only about 900 of those documents are in dispute. Trump’s legal team argues that the documents are his personal or privilege records and should be kept out of the scope of the investigation.
Justice Department lawyers argued that the extraordinary overall process would take weeks, if not months, hampering the investigation of the documents. Prosecutors said that without access to other documents, they could not question witnesses about documents found mixed with classified records at Mar-a-Lago.
The Justice Department effort is currently being led by special counsel Jack Smith, who was appointed last week to direct that investigation and another into the failed bid to reverse the election. Trump’s 2020 may be related to the former president and current White House candidate 2024.
This story has been updated with additional details.