DOJ to Supreme Court: Tell Trump No

DoJ asks high court to deny Trump's appeal in Mar-a-Lago raid case
By Evann Gastaldo,  Newser Staff
Posted Oct 12, 2022 12:28 AM CDT
Updated Oct 12, 2022 6:51 AM CDT
Justice Department to Supreme Court: Tell Trump No
This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and partially redacted by the source, shows a photo of documents seized during the Aug. 8 FBI search of former President Donald Trump's Mar-a-Lago estate.   (Department of Justice via AP, File)

The Justice Department on Tuesday responded to the bid by former President Trump's legal team last week requesting that the Supreme Court intervene in the Mar-a-Lago raid case. In its filing, the DoJ asked the high court to deny the Trump team's appeal to the SCOTUS requesting that the special master appointed in the case be allowed to review classified documents, the Washington Post reports. A lower court has limited the special master's review to just the non-classified documents that were seized in the raid. More than 11,000 documents were seized, 103 of them with classification markings.

"Because applicant has no plausible claims of ownership of or privilege in the documents bearing classification markings … he will suffer no harm at all from a temporary stay of the special master’s review of those materials while the government’s appeal proceeds," the DoJ's response reads. It goes on to note that the government, however, would be "irreparably injure[d]" by allowing the special master to review the most sensitive documents. As the Guardian explains, the "key legal standard" for the SCOTUS to consider the case is the so-called irreparable harm threshold, and the department argues Trump has not met this threshold. The department is also expected to file documents by Friday appealing the court decision to appoint a special master in the first place. (Read more Donald Trump stories.)

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