Former President Trump is asking the Supreme Court to overturn a federal appeals court ruling to allow the Justice Department to review classified documents seized at Mar-a-Lago, according to a filing.
Why is this important: Tuesday’s emergency request from Trump’s legal team marks an escalation in the investigation into the classified Mar-a-Lago documents.
The last: Judge Clarence Thomas, who oversees emergency applications in the 11th Circuit, asked the DOJ to respond to Trump’s petition by 5 p.m. ET on Oct. 11.
Driving the news: Trump’s legal team on the case is asking that the special master be allowed to review the approximately 100 documents marked as classified that were found at Mar-a-Lago during the August search.
- The former president’s legal team argues that the 11th Circuit lacked the judicial authority to suspend the special order “authorizing the examination of seized documents bearing classification marks.”
- “The Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the broad discretion of the district court without justification,” depending on the file.
- “This unwarranted stay should be rescinded as it significantly interferes with the ongoing and urgent work of the Special Master.”
The big picture: The filing comes after an appeals court panel sided with the DOJ last month and said it may continue its review of classified documents as part of its criminal investigation into Trump.
To note: Thomas has been called upon to recuse himself from cases involving Trump and the Capitol insurgency investigation given that his wife, Ginni Thomas, was actively involved in trying to nullify the election and keep the former president in power. .
Editor’s Note: This is a developing story. Please check for updates.
