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Appeals Court says DOJ can look at those 'sensitive files' taken back from Mar-a-Lago [1]
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Date: 2022-09-21
Just breaking now in The NY Times:
A federal judge had temporarily barred the department from using the records marked as classified in its inquiry into whether the former president illegally retained national defense documents.
WASHINGTON — A federal appeals court on Wednesday restored the Justice Department’s access to documents with classified markings that had been seized last month from former President Donald J. Trump’s Florida residence, handing a victory to federal investigators in their efforts to examine Mr. Trump’s hoarding of sensitive government records. In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit blocked part of an order by a federal judge that had temporarily barred the department from using the classified materials in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed the government’s repeated efforts to recover them. The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel wrote. “We agree.”
emphasis added
Between this and Letitia James bringing fraud charges in NYC, this is not the best day for the former guy.
Kicker:
The panel consisted of two Trump appointees — Judges Britt Grant and Andrew L. Brasher — and Judge Robin S. Rosenbaum, an Obama appointee.
And…
The ruling would simplify the process now underway before the special master, Judge Raymond J. Dearie, whom Mr. Trump’s lawyers had recommended for the role. If it stands, Judge Dearie will no longer have to assess the classified material and can focus his attention on the larger trove of 11,000 unclassified records. Mr. Trump “has not even attempted to show that he has a need to know the information contained in the classified documents,” the appeals court wrote. “Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why plaintiff has an individual interest in the classified documents.”
Trump’s strategy to drag everything out as long as possible has just been blown up. There will be much rage tweeting and more threats of violence.
They say good things come in threes. I wonder what would make for a trifecta here.
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https://www.dailykos.com/stories/2022/9/21/2124447/-Appeals-Court-says-DOJ-can-look-at-those-sensitive-files-taken-back-from-Mar-a-Lago
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