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October 6, 2022: -Former President Donald Trump requested the Supreme Court on Tuesday to interfere in a dispute over the Department of Justice’s review of documents seized by the FBI during a raid on his Florida residence.
In a court filing, Trump told the Supreme Court to vacate part of a ruling in the previous week by the 11th Circuit Court of Appeals, which allowed the DOJ to resume using classified manuscripts seized in the raid as part of its ongoing illegal probe of Trump. The attorneys asked the Supreme Court to vacate the amount of that decision that limited the scope of a third-party watchdog from reviewing documents bearing type markings.
Lawyers for the former president argue that the 11th Circuit lacks “jurisdiction to review, much less stay,” an ordering from a lower federal court judge, who had established that watchdog, known as a special master, to review all of the seized documents before the DOJ was allowed to utilize them in its investigation.
That special master was himself blocked from checking documents marked classified by the 11th Circuit’s order.
On Tuesday, Supreme Court Justice Clarence Thomas reported to the DOJ he wanted the department to reply to Trump’s request by October 11. Thomas handles crisis requests related to the 11th Circuit.
The August 8 raid located over 10,000 government documents at Trump’s Mar-a-Lago club in Palm Beach. More than 100 of those documents were marked classified or highly classified.
The raid came after months of effort by the nationwide government to get Trump to return documents the country believed he might have taken when he left office in early 2021. By law, government documents held by the White House must be given to the National Archives and Records Administration when a president leaves office.
Weeks after the raid, Trump asked a federal judge in Florida, Aileen Cannon, to appoint a special expert to look after the documents seized in the search. The special authority would determine if any records should be withheld from use in the DOJ’s criminal probe on the grounds the attorney-client privilege or executive privilege protects them.
Cannon granted that demand, appointing Judge Raymond Dearie, who sits in the U.S. District Court for the Eastern District of New York, as special master. At the same time, Cannon temporarily blocked the DOJ from using any of the documents for investigative purposes.
Federal prosecutors then ordered the 11th Course, asking that the court lift Cannon’s order as it applied to the classified fabric seized in the raid. A three-judge committee in the appeals court unanimously granted that bid.
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