The US Supreme Court on Thursday rejected former President Donald Trump’s request to intervene in the legal dispute over confidential documents seized during an FBI search of former President Donald Trump’s Florida estate.
In the brief resolution, the United States Supreme Court rejected the request, without adding any comment or opinion on the decision, the Associated Press (AP) reported.
The emergency appeal filed by the defense of the Republican tycoon at the highest judicial level in the United States requested the annulment of the decision of a lower court to allow the designated independent expert the possibility of reviewing the approximately 100 documents marked as ‘confidential’ that were obtained in the raids carried out on August 8.
However, the US Justice Department had urged the Supreme Court on Tuesday not to intervene in the legal dispute.
Last month, a three-judge panel at the Atlanta-based US Court of Appeals for the 11th Circuit limited the independent expert’s review to the much larger portion of unclassified documents.
The judges, including two Trump appointees, sided with the Justice Department, which argued there was no legal basis for the expert to conduct his own review of sensitive records.
But Trump’s lawyers argued in the Supreme Court application that it was essential that an expert have access to records classified as “sensitive” to “determine whether documents marked as confidential are truly classified and, regardless of classification, whether those records are personal records or presidential minutes.”
“Since President Trump had absolute authority over qualification decisions during his presidency, the current status of any challenged document cannot be determined solely by reference to the markings on that document.”
For the lawyers, without expert supervision, “the undisputed opinions of the current Department of Justice would supersede the authority established by the chief executive.”
An independent review, according to the Trump team, ensures a “transparent process that provides necessary oversight.”
The FBI revealed that it seized around 11,000 documents, including about 100 marked confidential, during its search.
Trump’s team asked Florida Judge Aileen Cannon to appoint an expert to do an independent review of the records.
On September 16, Cannon appointed a veteran Brooklyn judge, Raymond Dearie, to review the records and separate those that may be protected by claims of attorney-client privilege and executive privilege.
The judge also prohibited the FBI from using the confidential documents as part of its criminal investigation.
The Justice Department appealed, prompting the 11th Circuit to lift Cannon’s ban on investigators’ ability to examine sensitive records.
The appeals court also ruled that the Justice Department did not need to provide Dearie with access to confidential records.
Source: TSF
