DOJ requests classified documents found in the Mar-A-Lago raid be WITHELD from special master's review- as he calls hearing for September 20
The Department of Justice (DOJ) has requested the classified documents found in the Mar-A-Lago raid be withheld from the special master's review
The DOJ sought the intervention after Judge Aileen Cannon declined the request to lift the temporary prohibition of the usage of the 100 classified documents
Cannon also cast doubt on the top secret documents, questioning whether or not items were actually classified
Special Master Judge Raymond Dearie has also requested the DOJ and Trump's lawyers meet in NYC for a preliminary conference on September 20
Both parties have until September 19 to submit 'proposed agenda items' for discussion at the meeting
Dearie has until November 30 to complete his review of the 11,000 documents
September 16, 2022
The Department of Justice (DOJ) has requested the classified documents found in the Mar-A-Lago raid be withheld from the special master's review ahead of the preliminary meeting.
The DOJ requested the 11th US Circuit Court of Appeals to allow its own criminal investigators to review the classified information and to exclude it from Special Master Judge Raymond Dearie's review.
The Department sought the intervention after US District Judge Aileen Cannon - a Trump appointee - declined the DOJ's request to lift the temporary prohibition of the usage of the 100 classified documents found in the raid. The DOJ's investigation is being stalled due to the special master's review.
The department told the 11th Circuit in Atlanta that the judge's hold was impeding the 'government's efforts to protect the nation's security' and interfering with its investigation into the presence of top-secret information at Mar-a-Lago. It said the hold needed to be lifted immediately so work could resume.
'The government and the public would suffer irreparable harm absent a stay,' Department lawyers wrote in their brief to the appeals court.
Earlier this month, Cannon directed the Department to halt its use of the records until further court order, or until the completion of a Dearie's report, whose job is to inspect the documents and weed out any covered by claims of legal privilege.
Cannon also cast doubt on the top secret documents in Thursday's order, questioning whether or not items were actually classified. She also said she wasn't putting the nation at risk by stalling the DOJ's investigation, according to CNN.
The Justice Department argues that the documents could, in no way, be Trump's personal property, as the former president is trying to claim.
'None of those rationales applies to the records bearing classification markings: The markings establish on the face of the documents that they are not [Trump]'s personal property,' the DOJ said.
The DOJ is investigating three potential crimes, including violations of the Espionage Act, illegal handling of government records and obstruction of justice.
The request also comes as the Department of Justice and Trump's lawyers have been called to a New York City court for a 'preliminary conference' by the special master who will review the 11,000 documents taken from the Mar-A-Lago raid.
Dearie has asked the two parties to attend the conference on September 20 at the Brooklyn Federal Courthouse.
Both parties have until September 19 to submit 'proposed agenda items' for discussion at the meeting, according to Fox News.
Dearie was appointed by Cannon to review all the documents taken from the Florida estate on August 8. He is also tasked with identifying any personal materials of Trump's that should possibly be returned to him.
The FBI says it took about 11,000 documents, including roughly 100 with classification markings found in a storage room and an office, while serving a court-authorized search warrant at the home.
In appointing Dearie on Thursday, she granted him access to the entire tranche of documents, including classified records. She directed him to complete his review by November 30 and to prioritize the review of classified documents, and directed the Justice Department to permit the Trump legal team to inspect classified records with 'controlled access conditions.'
Sauce: https://www.dailymail.co.uk/news/article-11221393/US-asks-appeals-court-lift-judges-Mar-Lago-probe-hold.html