In a motion, the Justice Department asked the 11th Circuit Court of Appeals to “stop” Special Master Raymond Dearie’s investigation into documents that the FBI had obtained during its historic search of former President Trump’s Mar-a-Lago residence, Fox News informed.
Dearie was appointed by U.S. District Judge Aileen Cannon to analyze executive privilege-protected materials, private documents, and records holding attorney-client privilege that the FBI had taken from Donald Trump’s home in Palm Beach, Florida, in August.
However, the Justice Department appealed that decision to the 11th Circuit, claiming that it should be permitted to continue reviewing the roughly 100 documents with classified marks that were confiscated during the raid.
The Justice Department prevailed in the 11th Circuit decision, which restricted Dearie’s study of non-classified information for executive and attorney-client privilege while the DOJ continued its review of classified records.
The materials that Trump had at Mar-a-Lago were not classified, according to Trump.
However, the Justice Department contested Dearie’s appointment entirely on Friday, claiming that Trump had not made a claim of the confidential attorney-client privilege that would have supported the district court’s decision.
The DOJ claimed that Trump cannot credibly assert such a privilege with regard to any records with classification markings or other official records pertaining to his official duties. It also claimed that neither Trump nor Cannon had provided evidence that the Justice Department’s filtering procedures were insufficient to shield any potential claims of personal privilege with regard to any remaining documents.
Trump’s legal team must now react in writing by November 10 with their own brief.
By November 17, the Justice Department can then file its final response.
An argument date has not yet been set, and the 11th Circuit Appeals panel has not yet been chosen.
But the court has consented to move the case along quickly.
The lawsuit will be examined on the merits after November 17, according to an order issued earlier this month by the 11th Circuit Court of Appeals.
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