A number of key issues related to his lawsuit over the Mar-a-Lago search were not clear by the judge appointed by Trump.
Judge Cannon ordered Trump's lawyers to elaborate on the relief they are seeking by Friday.
Trump's lawsuit was panned by legal experts.
A day after Donald Trump sued to stop the Justice Department from reviewing records, a federal judge appeared to join other legal experts in their confusion.
The filing of Trump's lawsuit was derided by former federal prosecutors and other legal scholars because it lacked fundamental elements, such as exhibits, sworn affidavits, or a viewpoint on how a judge should approach the issues raised.
In interviews and on social media, legal experts said the lawsuit was more akin to a press release with the way it aired Trump's grievances against the Justice Department.
Judge Cannon, who was appointed to the bench by Trump and confirmed in 2020, seemed confused about his lawsuit. Cannon asked the former president's lawyers how the court should handle their request.
The judge ordered Trump's lawyers to respond by Friday with a court filing detailing several points, including theasserted basis for the exercise of this court's jurisdiction, the framework applicable to the exercise of such jurisdiction, and precise relief they want.
Cannon asked Trump's legal team to address the effect, if any, of a separate proceeding before the judge who approved the FBI's search of Trump's South Florida estate.
Legal experts pointed to Cannon's initial response as an ominous sign that Trump was going to file a lawsuit.
Bradley Moss, a national security lawyer, said that it's never a good sign when a friendly judge issues an order demanding more information on why you brought the matter to her.
In his lawsuit Monday, Trump urged Cannon to appoint a third party to review records seized from Mar-a-Lago to determine if they are covered by attorney-client privilege, executive privilege, or similar legal doctrines. The judge should not allow the Justice Department to review materials removed from the Mar-a-Lago club until after the election.
The items were seized during the August 8 search. FBI agents seized more than a dozen boxes of government records from Mar-a-Lago, some of which contained classified and top secret material, according to a manifest of those items.
binders of photos, a handwritten note, and an executive grant of clemency were seized by the FBI.
The lawsuit was filed two weeks after the FBI searched Mar-a-Lago. Trump claimed in the lawsuit that the search was motivated by politics and that it was unwarranted.
The National Archives found more than 700 pages of classified material in 15 boxes of government records that Trump turned over in January, according to a May 10 letter from the National Archives.
According to the letter, items marked as classified national security information, up to the level of Top Secret, were identified in the initial review.
The Justice Department recovered 700 pages of records after searching Mar-a-Lago and subpoenaing Trump.
The National Archives spent most of the year trying to recover government records from Trump according to The New York Times. Trump described the materials as his.
A criminal investigation was launched into Trump's handling of national security information. According to the FBI warrant authorizing the Mar-a-Lago search, prosecutors are scrutinizing if Trump violated three federal laws, including the Espionage Act, when he refused to return government records after leaving office.
Insider was told last week that the investigation is a serious legal risk to the former president.
The lawyer said that the case was easy to handle. It is open and closed. He turned an administrative issue into a criminal one.
Business Insider has an article on it.
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