Lawyers for Donald Trump urged a federal appeals court Tuesday to reject a Justice Department bid to resume its review of documents marked classified that were seized from the former president.
Attorneys for Trump and the DOJ were scheduled to appear in federal court in Brooklyn to speak with the special master who was appointed to examine the records seized from Mar-a-Lago.
An independent third party, U.S. District Judge Raymond Dearie, was selected last week to review the materials to identify personal records and information that could be protected. The appointment of a special master was objected to by the DOJ.
Cannon stopped the DOJ from using the seized material after he authorized the special master.
The DOJ asked the 11th Circuit to stop Cannon's ruling.
Cannon's orders are a sensible preliminary step towards restoring order from chaos, and this court should deny the government's motion, according to Trump's lawyers.
On August 8, the FBI raided Mar-a-Lago, looking for evidence of obstruction of justice and the removal of official records.
More than 100 documents with classified markings were seized by the federal agents. The FBI found four dozen empty folders labeled "Classified" during the raid.
The government records that were retrieved from Mar-a-Lago were declassified by Trump, according to his allies.
In Tuesday's court filing, Trump's attorneys did not repeat that claim. The DOJ has not been able to prove that the documents are classified, and the president has the authority to declassify any information.
The fact that the documents contain classification markings doesn't mean privilege claims aren't valid According to the probable-cause affidavit used to obtain the Mar-a-Lago search warrant, some documents contain Trump's handwritten notes.
Lawyers for Trump said that the notes could contain privileged information.
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