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Calls to reverse the Justice Department

Washington — The federal criminal investigation into allegations that sensitive White House documents must continue unhindered after former President Donald Trump left office, prosecutors argued Friday in a brief filed in the 11th Circuit Court of Appeals, which “demonstrated , specific need” was cited. Evidence in its ongoing criminal investigation.

Prosecutors wrote, “The court should … reverse the order of the district court and end the review of the special master.”

The Justice Department’s filing in its appeal to the 11th Circuit to overturn a lower court’s decision to appoint a special master, or independent arbitrator, to review the thousands of documents seized at Trump’s Mar-a-Lago resort in August she came. Prosecutors have argued that District Judge Ellen Cannon’s decision to grant Trump’s request for an independent review of the records unreasonably restricted the government’s investigation into the case. In Friday’s filing, prosecutors argue that Canon’s ruling should be “completely” vacated.

Trump’s lawyers backed the verdict, write in advance filing that the “unprecedented and misguided” investigation seeks to “criminalize the 45th President’s possession of his own presidential and personal records.” The nature of the investigation, he argued, required the intervention of a specialized master and review of potentially restricted documents under attorney-client or executive privileges.

But in Friday’s filing, the Justice Department said Canon had made a “mistake” when it decided to take Trump’s request and step into the matter, explaining the department’s privilege review team was “already covered by privilege.” Any record that had gone was set aside.”

And on the question of executive privilege, prosecutors wrote that “there was no plausible claim of executive privilege that could justify restricting the review of the executive branch and the use of confiscated records in the performance of chief executive functions.” like checking.

Since Canon’s initial ruling — which halted the investigation into 103 documents with classified marks seized at Mar-a-Lago, pending Special Master’s review — the 11th Circuit has already sided with the Justice Department and Its investigation has been allowed to continue. It is under criminal investigation as sensitive documents, even as the special master review process is on. Trump appealed to the Supreme Court against the narrow ruling, which refused to interfere with an order released on thursday and allowed criminal investigations using sensitive documents.

New York federal judge Raymond Deary, with the choice of Cannon to serve as special master at Trump’s suggestion and the Justice Department’s consent, began a court-ordered review process last month, calling the opposing parties a potential attorney-client and executive. Asked to explain claims of privilege. , Already, the Justice Department says it has made available a set of agreed documents to criminal investigators and Trump’s legal team and has returned Trump material deemed unrelated to the investigation.

For his part, Judge Cannon rejected some of Dearie’s initial plans for a special master process and has the final say on independent review unless the 11th Circuit requests the Justice Department to step in.

An investigation into Trump’s alleged mishandling of documents with classified markings intensified in August with the execution of a court-authorized search warrant at Trump’s Mar-a-Lago residence. That search found 33 boxes of content, including 103 documents with classified markings—either confidential, secret, or top secret. These boxes also contained about 50 empty folders with classified banners on them.

Prosecutors disclosed in court documents and proceedings that they are conducting a national security investigation into the case, and that the Office of the Director of National Intelligence is assessing damages as a result of the allegedly improperly archived documents.

A man working at Trump’s Mar-a-Lago resort told investigators that the former president instructed the person to move boxes of documents — which may contain classified markings — as a federal investigation into Mar-a-Lago -At a different location inside the lago. The handling of some of Trump’s records was already underway, According to a person familiar with the matter,

According to the source, the person said Trump ordered that Trump transferred the boxes before and after the Justice Department issued a summons in May for classified documents in Trump’s possession, and investigators have since moved Video footage of the boxes being confiscated – evidence that contributed to the FBI’s decision to execute the search warrant.

The former president denies all wrongdoing and accused the Biden administration of a “weapon”[ing] A document spoofed in a desperate attempt to maintain law enforcement and political power.”

However, the Justice Department argued that the investigation justified its actions, writing Friday that investigators “first sought these records through voluntary requests” before applying for a court-authorized search warrant.

“Only when investigators learned that the plaintiff’s response was incomplete, did they seek a search warrant.”

Prosecutors say they need unencumbered access to records, both with and without classified markings. According to Friday’s brief, sensitive documents “could become evidence when justice is obstructed” — pointing to allegations that Trump’s team with investigators may not be entirely true — and declassified documents could help. , “Identify who was responsible for the unauthorized retention of these records, the relevant time period in which the records were created or accessed, and who may have accessed or viewed them.”

Overall, they write, “the district court erred in requiring the government to submit any confiscated material to a special master review process.”

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