Lawyers for Donald Trump are asking the Supreme Court to intervene in the Mar-a-Lago dispute over classified documents

WASHINGTON– Lawyers for former President Donald Trump on Tuesday asked the US Supreme Court to intervene in litigation over the classified documents seized during an FBI search of his Florida home, escalating a dispute over the powers of an independent arbitrator to appointed to inspect the records.

The Trump team asked the judges to overturn a lower court ruling and allow an independent judge or special master to review the roughly 100 documents with secret markings taken in the Aug. 8 search of Mar-a-Lago .

A three-judge panel of the Atlanta-based US Circuit Court of Appeals for the 11th Circuit last month limited the special master’s review to the much larger tranche of unclassified documents. The judges, including two Trump-appointed people, sided with the Justice Department, which had argued there was no legal basis for the special master to conduct his own review of the classified records.

But Trump’s attorneys said in their Supreme Court application that it was essential for the special master to have access to the classified records to “determine whether documents with classification marks are in fact classified, and regardless of classification, whether those records.” are personal records or records of the President.”

“Because President Trump had absolute authority over classification decisions during his presidency, it is impossible to determine the current status of a disputed document solely from the markings on that document,” the motion states.

It stated that without the special major review, “the unchallenged views of the current Department of Justice would replace the established authority of the Chief Executive”.

The FBI said it seized about 11,000 documents during its search, including about 100 with classified markings. The Trump team asked a Florida judge, Aileen Cannon, to appoint a special master to conduct an independent review of the records.

Cannon then hired a senior Brooklyn judge, Raymond Dearie, to review the records and segregate those that may be protected by claims of attorney-client privilege and board privilege. The Justice Department disagreed with Dearie’s ability to review the secret records, prompting the 11th Circle to side with the Department.

Trump’s attorneys submitted the Supreme Court request to Justice Clarence Thomas, who oversees emergencies from Florida and several other southern states. Thomas can act alone or, as is customary, refer the summary appeal to the rest of the court.

Copyright © 2022 by The Associated Press. All rights reserved. Lawyers for Donald Trump are asking the Supreme Court to intervene in the Mar-a-Lago dispute over classified documents

Russell Falcon

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