October 3, 2022
Justice Department moves to halt order in Trump document case

Washington — moved to remain a part of the Justice Department A Florida federal judge’s order banned the government from using certain documents seized from former President Donald Trump’s residence while an independent third party reviews the documents.

On Friday, the department filed a motion asking the 11th Circuit Court of Appeals to partially block the order of U.S. District Judge Eileen Cannon, arguing that the U.S. District Court had no access to classified classifieds seized since March by the FBI. 103 does not have the right to prohibit the review of documents with markings. a-Lago in August

The Justice Department said in its filing Friday night, “The district court erred in using jurisdiction as a record containing classification marks.”

Furthermore, the Justice Department wrote, “records containing classification marks are not subject to any plausible claim of privilege that would prevent the government from reviewing and using them.” It argues, in essence, that records marked classified may not be subject to personal privilege claims by Trump.

“No factual or legal dispute justifies a district court’s order as a record containing classification marks,” the Justice Department said, and reiterated the argument that without partial injunction it would be able to continue its investigation, “The government and the public will be at an irreparable loss.”

filed by the department Information Last Thursday that he would appeal against this decision.

Cannon appointed to bench by Trump ruled before Federal investigators this month probing whether Trump mishandled classified documents were to stop using documents seized in his criminal investigation, pending a review by an independent third party, a special master. On Thursday, Canon appointed US District Judge Raymond Deary as an independent arbitrator, who will review records, filter personal items and documents and material that may be subject to claims of attorney-client or executive privileges.

In its 152-page filing, the department did not oppose the naming of a special master, but limited its arguments to the government’s right to continue investigating whether the former president misrepresented the country’s most sensitive information. was. It also argued that it should not be bound to hand over the classified documents to the particular master.

“While the Government is of the view that the District Court is fundamentally at fault in appointing a Special Master and granting injunctive relief, the Government only wishes to withhold certain parts of the order which would cause the Government and the public the most serious and immediate The disadvantages are (1) restricted government review and use of records bearing classification marks and (2) requiring the government to disclose those records to a special-master review process.” Justice Department said.

Canon on Thursday declined to accept the government’s request that it partly uphold its decision so that investigators can continue to review 103 documents with classified markings, “relating to the government’s findings on these important and contentious issues.” does not seem appropriate to accept. Further review by a neutral third party in a prompt and systematic manner.”

The classified marked documents have already been separated from the remaining thousands of confiscated records, but the intelligence community halted their analysis of the documents due to “uncertainty” caused by Cannon’s order, to Justice Department investigators as Special Master, US District. Even the judge stopped him from examining him. Raymond Deary completes his review.

Prosecutors have argued that Diary’s review should not apply to records containing classified markings because such documents clearly belonged to the government, not Trump.

Investigators are probing allegations that documents bearing classified markings were misplaced from the White House to Trump’s Mar-a-Lago residence after the president’s transition in 2021. In three separate instances discovered earlier this year on August 8, the National Archives and the FBI recovered thousandDocuments from the Florida resort’s S. They are also investigating whether Trump or his team hindered the investigation by not properly responding to a grand jury summons, which prosecutors reiterated in their motion on Thursday.

Trump’s Request for a Special Guru It came two weeks after the FBI took 33 items from a storage room in the property and the former president’s office. More than 100 documents with classified markings were found in 13 boxes or containers, while three documents with “confidential” and “secret” classification markings were taken from desks in Trump’s office in Mar-a-Lago, the Justice Department revealed. previous filing,

Canon noted in its ruling Thursday that the FBI’s filter team had found medical and tax documents in the seized records and disclosed that in two cases, potentially privileged information made its way through the filter and into the hands of investigators. Made it The Justice Department has since asked the court to close a report prepared by the filter team.

Andres Troy, Robert Legare and Melissa Quinn contributed to this report.

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