Former President Donald Trump asked the Supreme Court to limit the Justice Department's access to material seized by the FBI from his Mar-a-Lago home
In a filing Tuesday, Mr. Trump’s legal team said an appeals court had improperlyof the materials the FBI seized during its August search—in which agents removed some 11,000 documents from the Florida resort, including about 100 marked as classified.
Mr. Trump’s lawyers didn’t seek to halt the Justice Department’s investigation into the roughly 100 documents. They said they were only proposing that the documents be part of the special master’s review to ensure fairness and instill public confidence in the investigation. They also argued that the 11th Circuit lacked jurisdiction to issue its order.
“Many legal cases are close calls. This is not one of them,” said Jessica Levinson, a professor at Loyola Law School in Los Angeles. “The 11th Circuit followed the law and corrected a portion of Judge Cannon’s ruling.” Internally, Mr. Trump’s defense team has dealt with disputes over the best approach to take, according to several people familiar with the discussions. Attorney Chris Kise, a member of Trump’s legal team, has sought a more conciliatory approach, hoping to ward off a criminal prosecution given the government has retrieved records from Mar-a-Lago.
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