President Donald Trump has asked the Supreme Court to step in regarding the dispute over materials marked as classified that the FBI seized during a raid on his Mar-a-Lago home in August.
Trump’s emergency request with the Supreme Court is the latest development in the case.
As Slay News reported, Trump won his earlier argument and was awarded a special master in the case by Judge Aileen Cannon.
“The Eleventh Circuit lacked jurisdiction to review, much less stay, an interlocutory order of the District Court providing for the Special Master to review materials seized from President Trump’s home, including approximately 103 documents the Government contends bear classification markings,” the filing said.
“This application seeks to vacate only that portion of the Eleventh Circuit’s Stay Order limiting the scope of the Special Master’s review of the documents bearing classification markings.”
The justice who receives Supreme Court emergency requests out of Florida is Clarence Thomas, so this could get interesting.
Trump’s attorneys asked the Supreme Court to vacate part of the appeals ruling issued on September 21 by the 11th Circuit that allowed the Justice Department to resume using classified documents taken in the raid in its criminal investigation.
NEW: Trump is asking the Supreme Court to accept that he might have declassified some of the recors at Mar-a-Lago (despite continuing to provide no evidence to support that):
"whether classified or declassified"
— Kyle Cheney (@kyledcheney) October 4, 2022
CNN senior legal analyst Elie Honig said:
“This is part of the delay strategy.
“So either he accepts that loss and those documents don’t go to the special master and they go right over to DOJ, or his only remaining recourse is to try to get the Supreme Court to take it, and that’s the course he’s taking now.
“The Supreme Court typically likes to stay out of messy, political disputes.
“On the other hand, when it comes to sort of unique, novel issues of constitutional law, of separation of power, of issues like executive privilege and classification of documents, that’s sort of why the Supreme Court exists – to adjudicate those high-level disputes between branches that involve sort of core constitutional principles.”