President Donald Trump’s legal team asked the 11th Circuit Court of Appeals this week to deny the DOJ’s motion to appeal the order granting a special master and preventing the use of seized documents by the FBI during the Mar-a-Lago raid.
In the Tuesday filing, Trump lawyer Christopher Kise argued that the federal government is “wrongfully” seeking “to criminalize the possession by the 45th President of his own Presidential and personal records,” according to Just the News. Therefore, given the political circumstances in the case, Trump-appointed U.S. District Judge Aileen Cannon affirmed that granting a special master and entry of a limited injunction was “‘fully consonant’ with ‘the public interest, the principles of civil and criminal procedure, and the principles of equity.'”
The filling comes after the DOJ filed a motion for a stay pending the appeal of Cannon’s order approving Trump’s legal team’s request for a special master, to which President Trump called out on Truth Social, stating:
“So now the FBI & Biden Department of ‘Justice’ leakers are going to spend Millions of Dollars, & vast amounts of Time & Energy, to appeal the Order on the ‘Raid of Mar-a-Lago Document Hoax,’ by a brilliant and courageous Judge whose words of wisdom rang true throughout our Nation, instead of fighting the record setting corruption and crime that is taking place right before their very eyes. They SPIED on my Campaign, lied to FISA COURT, told Facebook ‘quiet,’ preside over worst CRIME WAVE ever!!”
Cannon, in a court order earlier this month, authorized “the appointment of a special master to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege,” as well as temporarily enjoining “the Government from reviewing and using the seized materials for investigative purposes,” RSBN reported.
Last week, Cannon struck down the appeal from the DOJ to “exclude classified documents from the special master review” and appointed former federal Judge Raymond Dearie to be the special master in the case as per RSBN.
Moreover, Trump’s legal team is defending the District Court’s ruling, stating:
“The District Court did not err in temporarily enjoining the Government’s review and use of records bearing classification markings for criminal investigative purposes because the merits support that
narrowly tailored injunction. Moreover, this Court should deny the Government’s request to stay the portion of the Appointment Order requiring disclosure of the purported “classified records” to the Special
Master because that Order Appointing Special Master, AA78,2 is simply not appealable under 28 U.S.C. § 1292.”