by Sarah Ann Lynch
WashingtonSeptember 21 – May resume review of classified records confiscated by the US Department of Justice FBI A federal appeals court ruled Wednesday, pending an appeal at former President Donald Trump’s home in Florida, prompting a criminal investigation into whether records were misrepresented or compromised.
The US Court of Appeals for the 11th Circuit in Atlanta granted a request by federal prosecutors to block District Judge Eileen Cannon’s adjournment.
The magistrate prohibited him from using classified documents in his investigation, unless an independent arbitrator, called a special educator, investigates to eliminate materials that may be considered privileged. investigators will not have access.
The appellate court also said it agreed to overturn a part of the lower court’s order requiring the government to hand over records with classification marks to the Special Master for review.
“We concluded that the United States would be irreparably harmed by district court restrictions on access to this strait.
and potentially important set of materials, as well as a court requirement that the United States hand over the classified records to the Special Master for review,” the three-judge panel wrote.
The panel said the decision was “limited in nature”, as the Justice Department had requested an appeal only partially pending, and the panel could not rule on the merits of the case.
The court’s department’s request did not call for Cannon’s order to be reversed, and it is unclear whether prosecutors can seek to separately appeal other parts of Cannon’s decision on the appointment of a special educator.
The Court of Appeals said, “We decide only conventional considerations of fairness, including whether the United States has shown a sufficient likelihood to prevail on merit, harm to each party, and where The public interest is vested.”
The three judges who made the decision were Robin Rosenbaum, appointed by former Democratic President Barack Obama, and Britt Grant and Andrew Brasher, both appointed by Trump.
Trump’s lawyers may ask the US Supreme Court to consider the matter, whose 6-3 conservative majority includes three judges appointed by him.
In their filing on Tuesday, Trump’s lawyers urged the court to uphold the injunction to review all seized material, including that classified, under the supervision of Special Master Judge Raymond Deary.
A Justice Department spokesperson did not immediately offer comment. Trump’s lawyers could not immediately be reached for comment.
FBI On August 8, a court-approved search of Trump’s home at the Mar-a-Lago estate in Palm Beach seized more than 11,000 documents, including nearly 100 marked classifieds.
The discovery was part of a federal investigation into whether Trump illegally removed White House documents when he stepped down in January 2021 after his unsuccessful 2020 re-election bid and attempted to obstruct the investigation.
Trump-appointed Judge Kennan appointed Dearie to serve as special master on the case at Trump’s request. The Justice Department had opposed the appointment of a special teacher.
Cannon tasked Dearie with reviewing all of the material, including classifieds, to isolate anything that may be subject to attorney-client privilege or executive privilege, a legal principle that mandates disclosure of certain White House communications. protects from.
As one of his defenses, Trump has claimed without evidence in social media posts that he made the record public.
However, his lawyers have made no such claim in any of his legal filings, and during a hearing before Dearie on Tuesday, they opposed his request to provide evidence that Trump had declassified any records.
Although the appeals court insisted that its decision was limited in scope, it appeared to vehemently contradict Cannon’s ruling and many of Trump’s legal arguments from top to bottom.
,[Trump] They have also not attempted to show that they need to know the information contained in classified documents,” the judges wrote. “Nor has it established that the current government has waived that requirement for these documents. “
The Justice Department had previously strongly objected to Canon’s demand that the Dairy Review confiscate records of documents possibly covered by executive privilege, given that Trump is a former president and the records do not belong to him.
Disagreeing, however, the Justice Department did not appeal that portion of Canon’s order.