The Department of Justice urged the Supreme Court in a filing not to weigh in on an ongoing fight with former President Trump over classified documents.
The Department of Justice urged the Supreme Court in a filing Tuesday not to weigh in on an ongoing fight with former President Trump over classified documents, arguing that Trump “has not even attempted to explain” how he is harmed by an appellate court decision not to allow a special master to review classified documents found at his Mar-a-Lago estate.
“As this Court has emphasized, courts should be cautious before ‘insisting upon an examination’ of records whose disclosure would jeopardize national security ‘even by the judge alone, in chambers,’” she said, citing a court case.
Trump’s request asks the Supreme Court to overrule a unanimous decision by a three-judge panel of the U.S. Court of Appeals for the 11th Circuit, which granted the Justice Department’s request to keep the classified records separate from the outside expert’s review of about 200,000 pages of documents the FBI seized in the search.
The 11th Circuit also overruled a lower court decision and allowed the Justice Department to use the seized classified documents in its ongoing criminal investigation while the special master conducts his review, which is focused on whether the documents might be subject to attorney-client or executive privilege. Trump did not ask the Supreme Court to weigh in on that part of the panel’s decision, but the Supreme Court could choose to do so.
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