A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trump’s Mar-a-Lago home and reso…
The emergency intervention upends a trial judge’s order over those documents that had blocked federal investigators’ work on the documents, and is a strong rebuke of the Trump team’s attempt to suggest without evidence that materials were somehow declassified. Trump’s options to block the criminal investigation are now dimming with one of his only remaining possibilities being an emergency request to the Supreme Court.
Altogether, the 29-page opinion was a major boost to the arguments the Justice Department has made throughout the dispute over the Mar-a-Lago documents, while undermining several claims that Trump had made about the materials the FBI seized. The panel dissected the rationale Cannon had presented to justify her intervention, saying she had put forward an “untenable” approach for letting an intelligence community assessment of the documents continue while the criminal probe into them was on pause. The government had “sufficiently explained how and why its national security review is inextricably intertwined with its criminal investigation” — a claim that Cannon had dismissed.
None of the three criminal statutes the FBI cited when it obtained the Mar-a-Lago search warrant hinge on the materials being classified, DOJ argued.The three-judge panel that issued the unanimous ruling Thursday is made up of three judges, two of whom were appointed by Trump. Rosenbaum was confirmed on a 91-0 vote in the Senate and served as a District Court judge in the Southern District of Florida before being appointed to the 11th Circuit.In seeking to restart its criminal investigation into the documents, the Justice Department argued that Cannon’s order was hindering investigators from taking steps to assess and mitigate national security risks posed by how the documents were handled.
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