In a court statement on Tuesday, former President Trump’s attorneys again asked whether the confidential documents recovered by the FBI during the August 8 search of his estate in Mar-a-Lago, Florida were actually classified, but not. they provided no evidence that Trump declassified them.
Trump’s legal team has repeatedly hinted in court documents that the former president could have declassified the documents, but paused before saying he publicly claimed Trump and his allies.
“The government once again assumes that the documents it claims to be classified are, in fact, classified and their segregation is inviolable. However, the government has not yet proved this critical fact, “the filing says.
On Friday, the Justice Department asked the Atlanta 11th Circuit Court of Appeals to block a special review of classified materials found at Trump’s Palm Beach home and allow the department to continue using the documents as part of his investigations while he was a special teacher examines other recovered documents.
The Justice Department’s Friday request focused closely on the judge’s decision to have the special commander assess the approximately 100 classified documents found in the search and to prevent the department from using the documents in its ongoing investigation until the review is complete. which could take months. The judge allowed the intelligence community to continue a national security review by examining the potential harm of some of the nation’s highest secrets left unprotected in a warehouse and the former president’s office for nearly two years, but the Department of Justice argued that the criminal investigation and national security review are inextricably linked.
On Tuesday, Trump’s lawyers also said in their filing that Trump has the right under the Presidential Records Act to access the documents and that the government has not proven the harm that could result if the stay is not granted.
“Instead of detailing any irreparable damage he will face in the future, he attempts to shift attention to past events by stating that” the materials were archived in an insecure way … ‘”, the repository states.” This is simply. irrelevant. “
The filing also argues that the order for the appointment of a special commander and the obligation to disclose confidential documents is not immediately appealable.
“The government has criminalized a dispute over documents and is now vehemently opposed to a transparent process that simply provides much-needed oversight,” the filing said.
The Department of Justice has already appealed the decision of United States District Judge Aileen Cannon to appoint Raymond Dearie, a United States District Court Chief Justice for the Eastern District of New York, as a special teacher to examine more than 11,000 documents. seized during the FBI’s search of Trump’s property.
Dearie summoned the parties to the federal district court in Brooklyn, New York, for a preliminary conference on Tuesday and instructed Trump’s team to provide detailed information on what documents the former president intends to say he has declassified. Trump’s legal team resisted the order on Monday, saying it could form the basis of a future defense strategy.