Trump filed an emergency request on Oct. 4 asking the justices to lift a lower court’s decision to prevent the arbiter from vetting more than 100 documents
The U.S. Justice Department on Tuesday asked the Supreme Court to reject former President Donald Trump’s bid to again empower an independent arbiter to vet classified records seized from his Florida home as part of his legal battle against investigators probing his handling of sensitive government records.
Trump went to court on Aug. 22 in a bid to restrict Justice Department access to the documents as it pursues a criminal investigation of him for retaining government records, some marked as highly classified including top secret, at Mar-a-Lago after leaving office in January 2021. Trump at the time asked a judge to appoint a special master, as the judge later did, to vet the seized documents and review whether any could be deemed privileged and potentially withheld from investigators.
Trump’s lawyers told the Supreme Court that Dearie should be able to vet the records to “determine whether documents bearing classification markings are in fact classified, and regardless of classification, whether those records are personal records or presidential records.” The department also is examining whether Trump tried to obstruct the criminal investigation. Trump has denied wrongdoing and has called the investigation politically motivated.
The 11th Circuit put that decision on hold, noting that classified records belong to the U.S. government and that Trump had not shown that he holds an “individual interest in or need for” any of the classified documents.
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