Appeals court removes classified documents seized from Trump, reignites investigation – National | Donald Trump News

Rejecting Donald Trump’s legal arguments, a federal appeals court on Wednesday allowed the Justice Department to resume use of classified records seized from the former president’s Florida property as part of its ongoing criminal investigation. Gave.

The decision of a three-judge panel of the US Court of Appeals for the 11th Circuit resulted in a landslide victory for the Justice Department, clearing the way for investigators to continue examining the documents as they assess whether the storage is to bring criminal charges. Or not. Top-secret records at Mar-a-Lago after Trump leaves the White House.

The court also explicitly noted that Trump had presented no evidence that he had declassified sensitive records, as he has repeatedly maintained, and ruled out the possibility that Trump was classified as classified. About 100 documents marked in may have a “personal interest or need”.

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The government argued that its investigation was hampered by an order by US District Judge Eileen Cannon that temporarily barred investigators from continuing to use the documents in their investigations. Cannon, who appointed Trump, had said the moratorium would remain in place pending a separate review by an independent arbitrator appointed at the request of the Trump team.

The appeals panel agreed with the Justice Department’s concerns.

“It is self-evident that the public has a keen interest in ensuring that the storage of classified records does not result in ‘extraordinarily serious damage to national security’,” he wrote. “Ensuring,” he said, “reviewing documents as necessary, determining who had access to them and when, and determining which (if any) sources or methods were compromised Is.”

An injunction that delayed criminal investigations or prevented “the use of classified materials risks imposing actual and significant harm on the United States and the public.”

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Two of the three judges who issued Wednesday’s ruling — Britt Grant and Andrew Brasher — were nominated by Trump to the 11th Circuit. Judge Robin Rosenbaum was nominated by former President Barack Obama.

The FBI seized nearly 11,000 documents, including about 100 with classification markings, during a court-authorized search of the Palm Beach club last month. It has launched a criminal investigation into whether records were erroneously maintained or compromised. It is unclear whether Trump or anyone else will be charged.

Canon ruled on September 5 that it would name an independent arbitrator, or special master, to conduct an independent review of those records and exclude any individuals who may be covered by claims of attorney-client privilege or executive privilege and It will determine whether any of these materials should be returned to Trump. Raymond Deary, a former Chief Justice of the Brooklyn-based federal court, has been nominated for the role.

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The Justice Department argued that a special master review of classified documents was not necessary. It said Trump, as a former president, could not invoke executive privilege on the documents, nor could they be covered by attorney-client privilege because they did not include communications between Trump and his lawyers.

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Trump’s lawyers argued that an independent review of the records was necessary given the unprecedented nature of the investigation. Lawyers also said that the department has yet to prove that the seized documents were classified, though they specifically stopped to insist – as Trump has repeatedly done – that the records were previously were unclassified.

He has resisted asking Dearie to provide his position on that question, indicating that the issue could be part of his defense in the event of an indictment.

But the appeals court appeared to scoff at that argument.

“Plaintiff suggests that he may have made these documents public when he was president. But there is no evidence on record that any of these records were declassified,” he wrote. “At least for these purposes, the declassification argument is a red herring because declassifying an official document will not alter its content or render it in person.”

© 2022 Canadian Press

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