Lawyers for former US president Donald Trump asked the US Supreme Court on Tuesday to join the legal battle over classified documents seized during the FBI’s search of his home country. Florida, the dispute escalated over the powers of a special counsel appointed to review the records.
The Trump team asked the court to overturn the lower court’s decision and allow a special counsel, or special counsel, to review the nearly 100 documents and certifications obtained on August 8. in search of Mar-a-Lago.
A three-judge panel from the Atlanta-based U.S. Court of Appeals for the 11th Circuit last month limited the special counsel’s review to the largest portion of non-criminal documents. The justices, including two Trump nominees, who sided with the U.S. Justice Department, said there was no constitutional basis for a private official to conduct his own review of classified records.
But Trump’s lawyers said in their request to the Supreme Court that it was necessary for the private owner to access the classified records to “determine whether the documents bearing the classification designation are classified, even if whatever the classification, whether those records are personal records. or presidential records.”
“Given that President Trump has had significant influence over classification decisions during his presidency, the current status of the controversial documents cannot be determined by reference only to the documents’ specifics,” said the application.
It says that without an independent executive review, “the unchallenged views of the current Justice Department would exceed the executive’s authority.” The independent review, the Trump team said, would ensure “a transparent process that provides much-needed oversight.”
According to the FBI, it found about 11,000 documents, including 100 with classified information, when it searched Trump’s Florida estate. The Trump team asked a judge in Florida, Aileen Cannon, to appoint a special commissioner to conduct an independent review of the records.
Cannon later commissioned a veteran Brooklyn judge, Raymond Dearie, to review the records and distinguish what the claims of attorney-client privilege and jurisdiction would protect. He also prevented the FBI from using classified documents as part of his criminal investigation.
The Justice Department asked the 11th Circuit to lift Cannon’s authority over the ability of investigators to examine classified records. The appeals court also ruled that the agency would not give Dearie access to classified records.
Trump’s lawyers submitted the Supreme Court request to Judge Clarence Thomas, who has handled emergency cases from Florida and other southern states. Thomas can do it alone and, as usual, send the emergency appeal to the rest of the court.