The Justice Department is asking the Supreme Court to turn down Donald Trump’s bid to get about 100 documents marked as classified back into the hands of an independent “special master” reviewing materials seized from his Mar-a-Lago estate.
The Justice Department is asking the Supreme Court to turn down former President Donald Trump’s bid to get a set of about 100 documents marked as classified back into the hands of an independent “special master” reviewing materials seized from his Mar-a-Lago estate.
“Applicant has never represented in any of his multiple legal filings in multiple courts that he in fact declassified any documents — much less supported such a representation with competent evidence,” Prelogar wrote inTrump has repeatedly, and publicly, claimed to have declassified all of the items seized by the FBI that bear classification markings — including some which characterize the records as among the most sensitive, closely held secrets the government possesses.
Trump has also not presented any evidence he designated any of the seized materials as personal records, and DOJ has argued that classified documents — which inherently bear on national security — could never fit the statutory definition of personal records, since they are likely to have value to an incumbent or future administration.
The Justice Department appealed her ruling to the Atlanta-based 11th Circuit Court of Appeals. But it sought emergency relief only to restore access to the documents with classification markings, aiming to exclude them from the special master process.in a 3-0 decision, although the broader appeal of Cannon’s ruling remains pending.
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