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The U.S. Department of Justice (DoJ) has scored its first victory in its case involving Donald Trump’s possible misuse of classified records after leaving office after a panel of Circuit Court judges granted his request, seized by the former president to examine secret documents.

Last month, the FBI raided Trump’s Mar-a-Lago beach club and home in Florida and seized thousands of files, 103 of which were marked classified, including 54 classified and 18 classified top secret.

Trump has denied misusing the sensitive materials, saying he may have released the files when he was president and said the FBI is on a “witch hunt.”

donald trump 1
Donald Trump waves as he boards Marine One at the White House on January 20, 2021 in Washington, DC. Last month, the FBI raided Trump’s Mar-a-Lago beach club and home in Florida and seized thousands of files, 103 of which were marked classified, including 54 classified and 18 classified top secret.
Mandel Ngan/Getty

The 11th Circuit Court of Appeals on Wednesday granted the DOJ’s motion to overturn a district judge’s order that prevented authorities from examining the classified documents and ordered them to be turned over to an independent examiner. Of the three judges, two were appointed by Trump and one by Democrat Barack Obama.

The judgment means that the government is no longer obliged to hand over documents classified as secret to the appointed “special master” for examination.

“[Trump] did not even attempt to show that he needed to know the information contained in the classified documents,” the panel wrote in its decision. “Nor has he demonstrated that the current government has waived this requirement for these documents.”

The ruling was a significant victory for the Justice Department after several legal setbacks. Aileen Cannon, the Trump-appointed judge in Florida’s Southern District, this month approved the former president’s request for a special master to review FBI-seized material, slowing the DoJ’s investigation.

The particular champion is 78-year-old Raymond Dearie, a veteran district judge with a history of handling top cases. Dearie, Senior US District Judge for the Eastern District of New York, was tapped into the role by Cannon.

As a special foreman, Dearie was tasked with sifting through thousands of files seized from Mar-a-Lago FBI agents, including those classified as top secret and classified, to determine if any of the materials were breached by attorney-client privilege or executive privilege was protected.

Responding to Trump’s claim that he may have released the files while he was president, the appeals court said Wednesday that the file contained no such evidence that the former president “contradicted” the special master.

Regarding Trump’s argument that he could be harmed by the release of sensitive information, the ruling said the authorities’ permission to keep the documents does not indicate that they would be made public.

The panel said it did not believe Trump would be harmed by disclosure of privileged information because he had not “asserted attorney-client privilege over any of the classified documents.”

The court warned that the US would suffer “irreparable harm” if the government did not have access to the classified documents and instead had to hand them over to the special master.

Trump can appeal the decision, and news week has reached out to his team for comment.

On Wednesday, New York Attorney General Letitia James filed a $250 million civil lawsuit against Trump and three of his adult children. The lawsuit aims to recover money from alleged fraud and remove all of the Trumps — including children Donald Jr., Eric and Ivanka — from their current roles at the Trump Organization. It would also bar her from future leadership roles in New York.

https://www.newsweek.com/doj-scores-first-win-trumps-classified-documents-case-1745221 DOJ scores first victory in Trump’s classified documents case

DOJ scores first victory in Trump’s classified documents case – World Time Todays

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