Trump’s legal team last week made a technical and narrow petition to the court, asking the justices to reconsider a portion of an appeals court ruling that granted the Justice Department’s request to keep the classified documents separate from a review of seized material being conducted by the outside expert, known as a special master.
FBI agents seized more than 11,000 documents from Trump’s Florida residence and private club, including 103 with a variety of classification markings.
The former president’s lawyers have argued that the appeals court lacked authority to prohibit the special master from reviewing the classified materials. They asked the Supreme Court to allow the outside expert to examine those sensitive government documents.
In its September ruling, the U.S. Court of Appeals for the 11th Circuit also said Justice Department could immediately resume using the classified documents in its criminal investigation — something that the lower court had prohibited until the special master completed his review. While Trump’s lawyers requested that the Supreme Court allow the classified documents to be reviewed, they did not ask the justices to prohibit the government from using those materials in its criminal probe.
The Justice Department on Tuesday pushed back against the Trump lawyers’ arguments that the appeals court lacked jurisdiction to say what the special master could review, saying the panel of judges had authority to review the entire ruling appointing a special master, not just portions of it.
This is a developing story and will be updated.