(The Hill) – Former President Trump’s legal team on Tuesday asked the Supreme Court to intervene in its legal battle to have a third party review the thousands of pages of government records he stored at his Florida home.
The filing from the Trump team asks the high court to lift a stay granted by the U.S. Court of Appeals for the 11th Circuit that allowed the Justice Department to review more than 100 classified records taken from Mar-a-Lago during its August search.
Trump’s lawyers, in court papers, argued that the federal appeals court erred by allowing the Justice Department to appeal a move that was procedural in nature.
“Nonetheless, 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 District Court’s broad discretion without justification,” they wrote. “This unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master.”
A three-judge panel for the 11th Circuit ruled late last month that the Justice Department could access the classified records, a reversal from a Florida district court judge who has sided with Trump in granting the request for a special master and dictating that the review include all records at Mar-a-Lago, even intelligence records.
“Plaintiff has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents,” the appeal court judges wrote.
The court ruled that Florida district court Judge Aileen Cannon “erred” in including the classified records and cast doubt on whether a special master should have been appointed at all.
The latest motion from the Trump team follows a move by the Justice Department to expedite its appeal before the 11th Circuit challenging the special master appointment.