The Justice Department asked a federal appeals court to speed up its timeline to weigh the department’s appeal of a judge’s order requiring a special master to review classified documents from Mar-a-Lago.
In the request for issuance filed with the US Court of Appeals for the 11th Circuit. On Friday, the Justice Department proposed a briefing schedule that would conclude written briefings by Nov. 11, and asked the appeals court to schedule a hearing as soon as possible. Under the current schedule for the appeal, the last written brief is due about a month later and oral arguments have not yet been scheduled.
Expediting the appeal would serve the interests of justice because the portions of the district court injunction that have not been stayed restrict the government’s ability to vindicate the strong public interest in proceeding expeditiously with the criminal and security investigation. that underlies this process,” the DOJ wrote in the filing.
The Department of Justice had requested the intervention of Circuit 11 in Mar-a-Lago The documents come in dispute after former President Donald Trump successfully sued for the appointment of a special master, an outside attorney tasked with reviewing evidence and leaking privileged documents, to pore over the roughly 11,000 documents the FBI had seized. in his August 8 search for his Palm Beach, Florida, residence and resort.
The DOJ noted in the Friday night filing how quickly emergency litigation progressed when it successfully sought to exempt documents marked as classified from review. The department pointed to a part of the 11th Circuit opinion granting the exception that said Judge Aileen Cannon, the Trump appointee who ordered the special teacher, acted beyond her authority in granting the request for review by a third.
“Although the panel’s determination related specifically to documents bearing classification marks, its reasoning arguably applies more broadly,” the Justice Department said.
The department wrote to the court that an expedited briefing and argument program could allow its investigators, if they are successful on appeal, to resume their full investigation.
The government, the DOJ wrote in the filing, “therefore cannot examine records that were commingled with materials bearing classification marks, including records that may shed light on, for example, how materials bearing classification marks were transferred.” to the plaintiff’s residence, how they were stored, and who may have accessed them.”
For his part, Trump opposes the request to speed things up.
Earlier this month, the appeals court overturned key elements of Cannon’s original ruling, allowing the Justice Department to resume the criminal investigation’s use of documents marked as classified, which may well be at the heart of the investigation. .
This story has been updated with additional details on Friday.