(ReclaimingAmerica.net) – Former President Donald Trump has taken the legal battle over the classified documents seized by the FBI from his residence to the United States Supreme Court.
Trump’s legal team has petitioned Supreme Court Justice Clarence Thomas to vacate the stay by a federal court, which allowed President Joe Biden’s Justice Department to keep up its review of the papers taken from Trump’s home in Florida.
Thomas has jurisdiction over the 11th Circuit Court, which issued the ruling in question and prevented the case’s Special Master Raymond Dearie from reviewing documents marked as classified.
The 11th Circuit overturned an injunction by US District Judge Aileen Cannon against the DOJ’s use of the 100 documents with a “classified” mark.
“The unprecedented circumstances presented by this case—an investigation of the Forty-Fifth President of the United States by the administration of his political rival and successor—compelled the District Court to acknowledge the significant need for enhanced vigilance and to order the appointment of a Special Master to ensure fairness, transparency, and maintenance of the public trust,” states the Trump team’s filing to the Supreme Court.
“The Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” the filing added.
Former President Trump’s lawyers argued further that the ruling of the 11th Circuit “impairs substantially the ongoing, time-sensitive work of the Special Master.”
“Any limit on the comprehensive and transparent review of materials seized in the extraordinary raid of a President’s home erodes public confidence in our system of justice,” the filing declared.
Last week, Biden’s Justice Department said in its 11th Circuit filing that it would appeal US District Judge Cannon’s decision in favor of appointing a special master. It argued it could not examine the papers seized at Trump’s Mar-a-Lago residence in early August.
“The government is thus unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff’s residence, how they were stored, and who may have accessed them,” DOJ officials wrote in the appeal.
“The records not marked as classified may also constitute evidence of potential violations,” it added.
It argued further that a “successful” appeal will enable the federal government to “more quickly resume its full investigation without restraints on its review and use of evidence seized pursuant to a lawful search warrant.”
Special Master Raymond Dearie is supposed to review by December 16, 2022, some 11,000 records seized by the FBI at Trump’s home for executive privilege, attorney-client privilege, and personal documents.
Trump elevates Mar-a-Lago raid legal battle to Supreme Court https://t.co/3IHUqXgKhc
— Fox News (@FoxNews) October 4, 2022