Appellate court ruling prevented special master from examining 100 files seized from Mar-a-Lago with classification markings
the ruling by the US appeals court for the 11th circuit represents the former president’s final chance to reinsert the 100 documents into the special master review – and potentially exclude some from the investigation into whether he illegally retained national defense information
“That appointment order is simply not appealable on an interlocutory basis,” the filing said. “Nevertheless, the 11th circuit granted a stay of the special master order, effectively compromising the integrity of the well-established policy against piecemeal appellate review.” Trump will face significant challenges even if the supreme court hears the case, even though the bench is dominated by six conservative justices – three of whom he appointed – who have previously shown deference to executive-branch powers.
The Trump motion was silent on whether Trump actually declassified any of the documents, as he has claimed publicly. It instead suggested the supreme court consider the case on the basis that Trump had the power to do so, and might have done so, without providing evidence. In the ruling that stopped the 100 documents from being reviewed by the special master, the 11th circuit agreed with the DoJ that Cannon was wrong on the first “Richey” test, regarding whether the government displayed “callous disregard” for Trump’s constitutional rights in seizing materials.
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