The new date is Oct 13, 2022.
The Supreme Court refused to allow a third-party special master to review classified materials found at Mar-A-Lago, which means Donald Trump won't be able to shield any classified documents from the DOJ and its criminal investigation.
The Mar-a-Lago resort is owned by former President Donald Trump.
After considering Trump's request for the court to partially throw out an order from the 11th Circuit, Justice Clarence Thomas referred the case to the full court.
The order only covers the classified materials taken from Mar-A-Lago, after the 11th Circuit blocked them from being reviewed by the district judge.
The appeals court didn't have jurisdiction to hear the case and Trump asked the court to throw out the order.
The other half of the 11th Circuit ruling allowed the DOJ to have access to the classified materials while Dearie reviewed the non-classified ones.
In a court filing Tuesday, the DOJ argued that the 11th Circuit had jurisdiction to hear the case and that Trump's attorneys hadn't argued how he would be harmed if the special master didn't review the classified documents.
The Justice Department has not yet responded to requests for comment.
There are 104. That is the number of documents the DOJ seized at Mar-A-Lago. The DOJ searched the Florida estate in August and took more than 11,000 documents.
Dearie can only review non-classified documents while the DOJ hangs on to the classified ones because of the Supreme Court's ruling. The DOJ has argued in court that access to the non-classified documents is an impediment to its investigation because they are not classified. The 11th Circuit has agreed to hear the appeal of the full order appointing the special master, which was appealed by the DOJ. The deadline for Dearie to finish his review of the documents is December 16.
The DOJ can't claim that seized documents labeled classified actually are because Trump could have declassified them during his time in office. In court, Trump's attorneys have never said he took the declassified documents back to Mar-A-Lago. They told Dearie that they can't give details on declassified documents because it could hurt their criminal defense. The 11th Circuit and Dearie have both been skeptical of the arguments made by the Trump attorneys, with Dearie saying the former president's team can't "have your cake and eat it" if they use declassification as a defense. The Supreme Court didn't comment on the documents or whether they're classified.
The Supreme Court's order is the latest twist in an ongoing legal battle over the special master, who Trump asked a court to appoint two weeks after the Justice Department searched Mar-A-Lago as part of its investigation into whether the president brought White House documents to Florida. The DOJ objected to the seized documents being reviewed by a special master, but the judge agreed to let it happen. Cannon's initial order included classified materials and blocked the DOJ from having access to any of the seized documents until the special master's review is over. The panel of 11th Circuit judges ruled that the DOJ should have access to the classified materials and that Cannon abused her discretion by ruling otherwise.
Trump Mar-A-Lago investigation, what to know as ex-president goes to supreme court.
The Supreme Court was asked to rule on the Mar-A-Lago special master.
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