President Trump is asking the Supreme Court to intervene and strike down a decision that allowed the Justice Department to accessFrom Mar-a-Lago which were marked as classified.
The former president’s application is addressed to Supreme Court Justice Clarence Thomas, whose scope includes the 11th Circuit Court of Appeals, which delivered the earlier ruling.
The former president’s team filed an emergency request with the Supreme Court on Tuesday, classifying the special master, or independent arbitrator, appointed by a district judge to examine documents for attorney-client or executive privileges. The marked records should be allowed to be reviewed.
A three-judge panel of the US Circuit Court of Appeals for the 11th Circuit agreed to stay a lower court’s order of keeping records with classified markings for the Justice Department’s investigation, pending review by independent , The appeals court allowed the Justice Department to resume using those documents in its investigation, saying it was not required to hand them over to the Special Master.
Trump’s lawyers argued in Tuesday’s filing that “this unfair stay should be vacated because it substantially affects the ongoing, time-sensitive work of the special master.”
Trump’s lawyers are seeking relief through the Supreme Court’s “shadow docket,” meaning it will not go through the regular process of court briefings, oral arguments and opinions. The court will issue a written order, which may or may not explain the reasoning behind the decision or reveal how the judges voted, although they may note their disagreement.
When Trump was in the White House, hisFor emergency relief through shadow dockets more often than the Bush and Obama administrations, according to an analysis by a law professor at the University of Texas.
said on Fox News that he has “declassified everything,” and that the president can only do so “by thinking about it.”
On Tuesday, in a statement separate from the filing, Trump lashed out at the National Archives and Records Administration, the agency responsible for storing and handling the records of past presidents.
“How can Americans trust a system like this? There’s no security in NARA. I want my documents back!” Trump wrote.
Trump then fought a legal battleOn 8 August at his private residence in Mar-a-Lago and confiscated about 100 documents that were marked as classified. The former president filed suit against the Justice Department on August 22, requesting that a special master be appointed to review the seized records.
On September 5, a Trump-nominated federal judge in FloridaTo appoint a special Guru. Ten days later, Judge Eileen Cannon, To serve as independent arbitrator or exclusive owner. Cannon denied federal prosecutors’ request to allow investigators access to nearly 100 documents marked as classified. On September 21, a three-judge panel on the 11th Circuit allowed the Justice Department to allow investigators access to the documents again.
After sitting his latest ally, Justice Ketanji Brown Jackson.