The Justice Department moved to have the motion granted. 11th Circuit Court of Appeals “end” Special Master Raymond Dearie’s independent review of records seized by the FBI in its unprecedented raid of former President Trump’s Mar-a-Lago home.
U.S. District Judge Aileen Cannon ordered the appointment of Dearie to review classified documents, personal documents and records containing attorney-client privilege, and executive privilege seized by the FBI from Trump’s private residence in Palm Beach, Fla. in August.
The Justice Department, however, challenged the 11th Circuit’s order, arguing that it should be possible for the DOJ to continue reviewing the approximately 100 documents containing classification markings seized during raid.
MAR-A LAGO PROBE: SUPREME Court DENIES TRUMP APPEAL SPECIAL MASTER FOR REVIEW CLASSIFIED RECORDS
The 11th Circuit ruled in favor of the Justice Department and limited Dearie’s review to only non-classified records for attorney-client and executive privilege, while the DOJ continue its review of classified records.
Mar-a-Lago, a resort in Palm Beach, Florida that was once owned by Donald Trump.
(Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images
Trump has denied that any of the materials in his possession at Mar-a-Lago were classified.
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But on Friday, the Justice Department challenged the appointment of Dearie altogether, arguing that Trump has not “asserted a claim of personal attorney-client privilege that would justify the district court’s order.”
The DOJ claimed that Trump “no plausible claim for such a privilege with regard to the records bearing classified markings or any other document related to his formal duties,” adding that neither Trump, nor Cannon had “demonstrated why filter procedures” at Justice Department “were inadequate to protect any potential claims to personal privilege with respect the remaining documents.”
WASHINGTON DC – AUGUST 11. U.S. Attorney general Merrick Garland informs reporters that he will not answer questions following a statement he made at the U.S. Department of Justice, August 11, 2022, Washington, DC. (Photo by Drew Angerer/Getty Images
(Photo by Drew Angerer/Getty Images
“The Court should therefore reverse the district court’s injunction and end the special master’s review,” the Justice Department argued.
Trump’s legal team will now be required to respond in writing with their own brief by Nov. 10. The Justice Department will then be able to submit its final response by Nov. 17.
The 11th Circuit Appeals panel is still not assigned and no argument date has been set. However, the court has agreed to speed up the matter.
The 11th Circuit Court of Appeals issued Wednesday’s order stating that the matter would be reviewed on merits after Nov. 17.
After the FBI raid on his Mar-a-Lago house, former President Donald Trump was seen in New York City.
(Felipe Ramales / Fox News Digital)
Trump had asked the Supreme Court to intervene, requesting that Justice Clarence Thomas, who has jurisdiction over the 11th Circuit, reverse the court’s ruling that allowed the Justice Department to continue its review of classified documents seized by the FBI, and instead direct Dearie to review those records.
The Supreme Court this week, though, denied Trump’s motion.
This is a quick order The Supreme Court ruled: “The application to vacate the stay entered by the United States Court of Appeals for the Eleventh Circuit on September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied.”
After Washington Post claims that the FBI raid sought “nuclear documents”, an ex-CIA director suggested the execution of Former President Donald Trump.
(Getty Images)
Dearie was tasked with reviewing approximately 11,000 records seized by the FBI during its raid of Trump’s private residence. Dearie and his team were to examine the records for attorney-client privilege, executive privilege, and personal records.
Dearie’s deadline for reviewing the documents was extended to December 16. Original deadline was Nov. 30.
This report was contributed by Fox News’ Bill Mears and Jake Gibson.
