Trump appeals to SCOTUS in Mar-a-Lago documents fight

The Atlanta-based 11th U.S. Circuit Court of Appeals on Sept. 21 repudiated a decision by U.S. District Judge Aileen Cannon, who had temporarily barred the department from examining the seized classified documents until the special master had weeded out any that could be deemed privileged and withheld from investigators.

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The 11th Circuit also prevented the special master, Judge Raymond Dearie, from having access to the documents with classified markings, noting the importance of limiting access to classified information.

Trump’s lawyers in Tuesday’s filing said Dearie should have access 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 Justice Department has “attempted to criminalize a document management dispute and now vehemently objects to a transparent process that provides much-needed oversight,” Trump’s lawyers added.

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