(ReclaimingAmerica.net) – President Joe Biden’s Justice Department has asked the Supreme Court to kill legal action by former President Donald Trump on the FBI seizure of classified documents from his Mar-a-Lago home in Florida.
The DOJ on Tuesday urged the Supreme Court to strike down a request that Trump made last week as he is disputing an appeals court ruling allowing the feds to retain the classified papers, thus preventing a court-appointed special master from reviewing them.
The restriction concerns about 100 documents marked “classified” out of some 11,000 papers the FBI seized from Trump’s Florida home.
Biden’s Justice Department submitted a 32-page filing to the Supreme Court, arguing that Trump would suffer “no meaningful harm” from the 11th Circuit Court of Appeals ruling to keep the classified documents from the special master.
The special master in the case is Raymond Dearie, a Brooklyn federal judge.
“Most notably, [Trump] has not even attempted to explain how he is irreparably injured by the court of appeals’ partial stay, which simply prevents disclosure of the documents bearing classification markings in the special-master review,” said the filing written by Solicitor General Elizabeth Prelogar.
“[His] inability to demonstrate irreparable injury is sufficient reason to deny the extraordinary relief he seeks in this Court,” she argued.
In Prelogar’s words, Trump “has no plausible claims of ownership of or privilege” over the same 100 documents with classification markings seized from Mar-a-Lago by the FBI on August 8.
Last week, Trump’s legal team already asked the US Supreme Court to block the 11th Circuit’s ruling, which allowed the DOJ to keep using the classified papers in its criminal investigation against the former president for allegedly illegally possessing government records.
As requested by Trump’s lawyers, Florida US District Judge Aileen Cannon had ordered that Dearie be appointed the special master in the case.
The special master’s task is to review all 11,000 records seized by the FBI and to determine if they are covered by protections such as executive privilege, attorney-client privilege, or others.
After the appeals court removed the classified records from the review, Trump’s legal argued access to them was needed to “determine whether documents bearing classification markings are in fact classified, and regardless of classification, whether those records are personal records or Presidential records.”
“Since President Trump had absolute authority over classification decisions during his Presidency, the current status of any disputed document cannot possibly be determined solely by reference to the markings on that document,” the October 4 filing by the Trump legal team reads.
Conservative US Supreme Court Judge Clarence Thomas can now decide whether to rule on the matter on his own or refer it to the eight other justices.
— New York Post (@nypost) October 11, 2022