Appeals Court Rules DOJ Can Regain Access to Documents Seized from Mar-a-Lago
Page from a ruling by the 11th U.S. Circuit Court of Appeals in Atlanta lifting a judge’s restrictions on the Justice Department’s use of classified documents seized by the FBI at President Trump’s Mar-a-Lago vacation home.
WASHINGTON – In a harsh rebuttal to Donald Trump’s legal arguments, a federal appeals court on Wednesday allowed the Justice Department to resume using classified records seized from the former president’s Florida estate as part of an ongoing criminal investigation.
The ruling by a three-judge panel of the 11th U.S. Circuit Court of Appeals was an overwhelming victory for the Justice Department, clearing the way for investigators to continue reviewing the documents as they consider whether to file criminal charges against Trump for keeping top secret records at Mar-a-Lago after he left the White House. The court lifted its hold on a central part of the investigation, removing an obstacle that could have delayed the investigation for weeks.
The appeals court also noted that Trump had not presented evidence that he had declassified records, as he claimed as recently as Wednesday, and that he had a “personal interest or need” for the approximately 100 classification-marked documents seized by the FBI in the August 8 search of the Palm Beach property He denied the possibility.
The government argued that an order by U.S. District Judge Aileen Cannon temporarily barring agents from continuing to use the documents under investigation hampered the government’s investigation and brushed aside national security concerns. Cannon, a Trump appointee, said the order remains in effect until the records are individually reviewed by an independent arbitrator appointed at the Trump campaign’s request.
The appeals court agreed with the Justice Department’s concerns.
“It goes without saying that the public has a strong interest in ensuring that the retention of classified records does not lead to ‘particularly grave harm to national security,'” they wrote. They further state that “determining this necessarily requires examining the documents, determining who had access to them and when, and determining which sources and methods, if any, were compromised.”
They wrote that “prohibiting the use of classified material to delay or impede criminal investigations could cause real and significant harm to the United States and its citizens.”
Two of the three judges who issued Wednesday’s ruling, Britt Grant and Andrew Brasher, are Trump appointees to the 11th Circuit. Judge Robin Rosenbaum was nominated by former President Barack Obama.
Trump’s attorneys did not respond to an email seeking comment on whether they would appeal the ruling. The Justice Department could not be reached for comment.
The FBI searched the Palm Beach Club with court permission last month and seized about 11,000 documents, including about 100 with classification codes. A criminal investigation has been launched into whether the records were mishandled or leaked, but it is not clear whether Trump or anyone else will be indicted.
Cannon ruled on September 5 that he would appoint an independent arbitrator or special master to independently examine the records, separate out those that might be subject to the attorney-client privilege or administrative privilege, and determine whether any of the materials should be returned to Trump.
Raymond Dilley, former chief judge of the federal court in Brooklyn, was appointed to the task and held his first meeting with attorneys for both sides on Tuesday.
The Justice Department argued that no special master review of the classified documents was required. The DOJ said Trump has no reasonable basis to invoke executive privilege over the documents and that the records cannot be protected by the attorney-client privilege because they do not involve communications between Trump and his attorneys.
It also challenged Cannon’s order requiring Dilly and Trump’s attorneys to provide the confidential materials. The court sided with the DOJ on Wednesday, saying that “the court should order a review of these materials only in the most extraordinary circumstances. The record does not permit us to conclude that this is the circumstance.”
Trump has repeatedly insisted that the materials be declassified. In an interview with Fox News Channel recorded Wednesday before the appeals court ruling, he said, “If you’re the president of the United States, you can say, ‘It’s declassified’ and declassify it.”
His attorneys say the president has absolute authority to declassify information, but apparently do not claim that the records have been declassified. The Trump team refused to provide Dilly this week with information supporting the possibility that the records were declassified and that the issue could be part of his defense in the event of an indictment.
The DOJ said there was no indication that Trump had taken steps to declassify the documents, and even revealed in court filings a photo of some of the seized documents in a colorful cover indicating that they were classified. The appeals court made the same point.
“Plaintiffs suggest that these documents may have been declassified during his presidency. But there is nothing in the record to suggest that they were declassified,” the judges wrote. In any event, at least for these purposes, the declassification argument is used only to mask the fact that declassifying official documents does not change their content or make them personal.”
Related Post
Appeals Court Rules DOJ Can Regain Access to Documents Seized from Mar-a-Lago
Climate Activists Want Biden to Fire Head of World Bank
Virginia has begun to restrict the rights of transgender students in public schools
How Abortion Issues Could Affect Ohio Senate Race
Joe Biden says what the data is telling us is that the COVID-19 pandemic is over
Appeals Court Rules DOJ Can Regain Access to Documents Seized from Mar-a-Lago最先出现在PurpleBlue。
https://ift.tt/4YLZqdX
Comments
Post a Comment