Last month, a federal appeals court panel overturned U.S. District Court Judge Aileen Cannon’s decision to include all 100 potentially classified documents in the independent review and suspend their use in the investigation. a criminal investigation while this process unfolds. A Justice Department spokesperson declined to comment.
A Supreme Court victory for Trump would confirm part of Cannon’s decision to include those 100 cases in his original order and keep them under review.
“Any limits on the full and transparent review of documents seized in the extraordinary search of a president’s home erodes public confidence in our justice system,” wrote attorneys for Trump, Christopher Kise, James Trusty, Evan Corcoran and Lindsey Halligan, in the 37-page ranking.
Trump’s emergency request does not appear to be asking the High Court to reactivate the part of Cannon’s order that barred the Justice Department and the FBI from using the documents with classification marks in their criminal investigation. Classes.
Instead, Trump appears to be simply asking Thomas to refer those documents potentially containing national security secrets to the process headed by Special Counsel Raymond Dearie, a veteran U.S. District Court judge in New York whom Cannon chose for the role. at Trump’s request.
“In summary, the government has attempted to criminalize a records management dispute and now vehemently opposes a transparent process that provides much-needed oversight,” Trump’s attorneys wrote.
Thomas issued an order late Tuesday directing the Justice Department to respond to Trump’s request by 5 p.m. next Tuesday. The request was made to Thomas because the reprieve removing the approximately 100 documents with classification marks from the Special Lead Process was granted by the Atlanta-based 11th Circuit, which Thomas oversees.
Thomas is likely to refer Trump’s request to the full court for action, as is usually the case when disputes are high profile or when a request may gain traction with certain judges. There is no formal deadline for the court to respond to Trump’s case.