The Department of Justice is now asking an appeals court to overturn the ruling to appoint a special master to review over 10,000 documents that former President Donald Trump took from the White House which was later seized by the FBI.
According to The Hill, in a new filing sent to the 11th circuit, the Department of Justice (DOJ) picked apart a ruling made by a lower court that favored Trump’s request to have a special master appointed.
The DOJ attempted to remove Trump’s special master by explaining, “The uncontested record demonstrates that the search was conducted in full accordance with a judicially authorized warrant, and there has been no violation of [Trump’s] Plaintiff’s rights — let alone a ‘callous disregard’ for them. Plaintiff [Trump] has failed to meet his burden in establishing any need for the seized records — indeed, a substantial number of them are not even his—or in establishing any irreparable injury in their absence.”
The DOJ then claimed that the first judge, Judge Aileen Cannon, failed to understand each aspect of the legal tests needed before making her decision to give Trump a special master.
“In short, the unclassified records that were stored collectively with records bearing classification markings may identify who was responsible for the unauthorized retention of these records, the relevant time periods in which records were created or accessed, and who may have accessed or seen them,” the DOJ said.
Then the DOJ once again slammed Trump for taking the documents and said, “Plaintiff cannot invoke executive privilege to bar the Executive Branch’s review and use of its own records.”
“Any assertion of executive privilege would similarly be made against ‘the very Executive Branch in whose name the privilege is invoked.’”