Breaking News
Investing Pro 0
Black Friday SALE: Up to 54% OFF InvestingPro+ CLAIM OFFER

Trump asks U.S. Supreme Court to intervene over seized classified records

World Oct 04, 2022 09:00PM ET
Saved. See Saved Items.
This article has already been saved in your Saved Items
 
© Reuters. FILE PHOTO: Former U.S. President Donald Trump speaks during a rally in Warren, Michigan, U.S., October 1, 2022. REUTERS/Dieu-Nalio Chery/File Photo

By Andrew Chung and Nate Raymond

WASHINGTON (Reuters) -Former President Donald Trump on Tuesday asked the U.S. Supreme Court to intervene in his fight with the Justice Department over classified documents seized from his Florida home as part of a criminal investigation into his handling of government records.

Trump filed an emergency request asking the justices to block part of a lower court's ruling that prevented an independent arbiter requested by Trump, known as a special master, from vetting more than 100 documents marked as classified that were among 11,000 records seized by FBI agents at the Mar-a-Lago estate in Palm Beach on Aug. 8.

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.

Justice Clarence Thomas, who is assigned to assess emergency appeals from the 11th Circuit, late on Tuesday requested a response from the Justice Department by Oct. 11. Thomas is one of six conservatives on the nine-member Supreme Court.

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.

The court-approved Mar-a-Lago search was conducted as part of a federal investigation into whether Trump illegally retained documents from the White House when he left office in January 2021 after his failed 2020 re-election bid and whether Trump tried to obstruct the probe.

The investigation seeks to determine who accessed classified materials, whether they were compromised and if any remain unaccounted for. At issue in the 11th Circuit ruling were documents bearing classified markings of confidential, secret or top secret.

Cannon, presiding over Trump's lawsuit seeking to restrict Justice Department access to the seized documents, barred review of all of the materials and named Dearie to review the records, impeding the investigation.

On Sept. 15, Cannon, who was appointed to the bench by Trump, rejected the Justice Department's request that she partially lift her order on the classified materials as it impeded the government's effort to mitigate potential national security risks from their possible unauthorized disclosure.

The three-judge 11th Circuit panel included two judges appointed by Trump and one by former President Barack Obama.

Noting that classified records belong to the U.S. government, the 11th Circuit doubted Trump has any "individual interest" in them and that he "has not even attempted to show that he has a need to know the information contained in the classified documents."

The 11th Circuit also rejected any suggestion that Trump had declassified the documents - as the former president has claimed - saying there was "no evidence" of such action and that the argument was a "red herring because declassifying an official document would not change its content or render it personal."

In Tuesday's filing, Trump's attorneys said he had "broad authority governing classification of, and access to, classified documents." In an interview on Fox News last month, Trump again asserted without evidence that he declassified the documents and claimed he had the power to do it "even by thinking about it."

The three statutes underpinning the search warrant used by the FBI at Mar-a-Lago make it a crime to mishandle government records, regardless of their classification status.

Cannon had tasked Dearie to review all of the seized materials, including classified ones, to identify anything subject to attorney-client confidentiality or executive privilege - a legal doctrine that shields some White House communications from disclosure.

The document investigation is one of several legal woes Trump is facing as he considers whether to run again for president in 2024. New York state's attorney general last month filed a civil lawsuit accusing Trump and three of his adult children of fraud and misrepresentation in preparing financial statements from the family real estate company. The Trump Organization also is set to go on trial on Oct. 24 on New York state criminal tax fraud charges.

Trump asks U.S. Supreme Court to intervene over seized classified records
 

Related Articles

Belarus foreign minister Makei dies - Belta
Belarus foreign minister Makei dies - Belta By Reuters - Nov 26, 2022

(Reuters) - Belarus Foreign Minister Vladimir Makei has died at the age of 64, state news agency Belta reported on Saturday. "Foreign Minister Vladimir Makei has passed away...

Add a Comment

Comment Guidelines

We encourage you to use comments to engage with other users, share your perspective and ask questions of authors and each other. However, in order to maintain the high level of discourse we’ve all come to value and expect, please keep the following criteria in mind:  

  •            Enrich the conversation, don’t trash it.

  •           Stay focused and on track. Only post material that’s relevant to the topic being discussed. 

  •           Be respectful. Even negative opinions can be framed positively and diplomatically. Avoid profanity, slander or personal attacks directed at an author or another user. Racism, sexism and other forms of discrimination will not be tolerated.

  • Use standard writing style. Include punctuation and upper and lower cases. Comments that are written in all caps and contain excessive use of symbols will be removed.
  • NOTE: Spam and/or promotional messages and comments containing links will be removed. Phone numbers, email addresses, links to personal or business websites, Skype/Telegram/WhatsApp etc. addresses (including links to groups) will also be removed; self-promotional material or business-related solicitations or PR (ie, contact me for signals/advice etc.), and/or any other comment that contains personal contact specifcs or advertising will be removed as well. In addition, any of the above-mentioned violations may result in suspension of your account.
  • Doxxing. We do not allow any sharing of private or personal contact or other information about any individual or organization. This will result in immediate suspension of the commentor and his or her account.
  • Don’t monopolize the conversation. We appreciate passion and conviction, but we also strongly believe in giving everyone a chance to air their point of view. Therefore, in addition to civil interaction, we expect commenters to offer their opinions succinctly and thoughtfully, but not so repeatedly that others are annoyed or offended. If we receive complaints about individuals who take over a thread or forum, we reserve the right to ban them from the site, without recourse.
  • Only English comments will be allowed.

Perpetrators of spam or abuse will be deleted from the site and prohibited from future registration at Investing.com’s discretion.

Write your thoughts here
 
Are you sure you want to delete this chart?
 
Post
Post also to:
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Thanks for your comment. Please note that all comments are pending until approved by our moderators. It may therefore take some time before it appears on our website.
Comments (2)
gab nea
gab nea Oct 04, 2022 7:44PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
is the useless supreme court going to hear all his criminal cases? do they hear everyone's criminal cases or only republicans?
gab nea
gab nea Oct 04, 2022 7:42PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
omg, clarence thomas the husband of a known insurrectionist and election denier and political violence agitator is going to decide this? is he going to consult his white wife in bed?
 
Are you sure you want to delete this chart?
 
Post
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Add Chart to Comment
Confirm Block

Are you sure you want to block %USER_NAME%?

By doing so, you and %USER_NAME% will not be able to see any of each other's Investing.com's posts.

%USER_NAME% was successfully added to your Block List

Since you’ve just unblocked this person, you must wait 48 hours before renewing the block.

Report this comment

I feel that this comment is:

Comment flagged

Thank You!

Your report has been sent to our moderators for review
Continue with Google
or
Sign up with Email