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Justice Department Moves to Suspend Order in Trump Documents Case

Washington- The Department of Justice decided to keep a part of the order of a federal judge in Florida that prohibits the government from using some of the documents it seized from the residence of former President Donald Trump while an independent third party reviews the documents.

On Friday, the department filed a motion asking the 11th Circuit Court of Appeals to partially stay the US District Judge’s order on a lake in August.

“The district court erred in exercising jurisdiction over records that had classification marks,” the Justice Department said in its filing Friday night.

Additionally, the Justice Department wrote: “Records bearing classification marks are not subject to any plausible claim of privilege that prevents government review and use.” His argument is, in essence, that records that are marked as classified cannot be subject to personal privilege claims by Trump.

“No dispute of fact or law justifies the district court’s order regarding records bearing classification marks,” the Justice Department said, repeating the argument that without a partial stay allowing it to continue its investigation, “The government and the public will suffer irreparable harm.”

The department submitted warning last Thursday that he would appeal the ruling.

Cannon, appointed to the post by Trump, ruled , this month that federal investigators are investigating whether Trump mishandled the classified documents would stop using the seized documents in his criminal investigation, pending review by an independent third party, a special master. On Thursday, Cannon appointed US District Judge Raymond Dearie as an independent arbitrator who will review the records, sifting through personal items and documents and materials that may be the subject of executive or attorney-client privilege claims.

In its 152-page filing, the department did not dispute the appointment of a special master, but limited its arguments to the administration’s right to continue its investigation into whether the former president mishandled the nation’s most sensitive information. He also argued that he should not be required to hand over classified documents to the special master.

“Although the government believes that the district court was fundamentally wrong in appointing a special teacher and granting injunctions, the government seeks to suspend only those parts of the order that cause the most serious and immediate harm to the government and the public by (1 ) restrict government review and use of records bearing classification marks, and (2) require the government to release those records for a special master review process.” the Justice Department said.

Cannon on Thursday refused to grant the government’s request to partially lift its own ruling so that investigators could continue to review the 103 classified-marked documents, writing: “The court does not find it appropriate to accept the government’s conclusions on these important issues and in dispute without further review by a neutral third party in an expeditious and orderly manner.

The documents marked as classified have already been separated from the remaining thousands of seized records, but the intelligence community has halted its analysis of the documents due to “uncertainty” caused by Cannon’s order prohibiting Justice Department investigators from examining them until that the special teacher, US District Judge Raymond Dearie, completes his review.

Prosecutors have argued that Dearie’s review should not apply to records with classified marks because those documents explicitly belonged to the government and not to Trump.

Investigators are looking into allegations that documents with classified marks were mishandled when they were transferred from the White House to Trump’s Mar-a-Lago residence after the presidential transition in 2021. In three separate instances earlier this year before the August 8 search, the National Archives and the FBI recovered one thousands of Florida resort documents. They are also investigating whether Trump or his team obstructed the investigation by failing to properly respond to a grand jury subpoena, which prosecutors reiterated in their motion Thursday.

trump request for a special teacher It came two weeks after the FBI seized 33 items from a warehouse at the former president’s property and office. More than 100 documents with classified marks were found in 13 boxes or containers, while three documents with marks classified as “confidential” and “secret” were removed from desks at Trump’s office in Mar-a-Lago, the Department of Defense revealed. justice in previous presentations.

Cannon noted in his ruling Thursday that the FBI’s filter team had found medical and tax documents in the seized records and revealed that, in two cases, potentially inside information made it through the filter and into the hands of investigators. The Justice Department has since asked the court to unseal a report prepared by the filter team.

Andrés Triay, Robert Legare, and Melissa Quinn contributed to this report.

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