The Justice Department contests the special master’s appointment in the Mar-a-Lago documents case.

The Justice Department requested a federal appeals court on Friday to overturn a decision appointing a special master to examine records seized by the FBI during a search of former president Donald Trump’s Florida residence and to dismiss Trump’s legal challenge entirely.

Attorneys for the DOJ contended Judge Aileen Cannon “erred in ordering a special-master review” in the case and sought the court to reverse her order “with orders to dismiss Plaintiff’s civil action” in an filing to the 11th U.S. Circuit Court of Appeals.

Last month, the appeals court made a decision in favor of the DOJ on a more specific point in the case, enabling the department to once again use classified papers that were found during its search on August 8 as part of its criminal investigation. Additionally, the special master and Trump’s attorneys were not permitted to access those sensitive materials due to concerns about national security raised by the DOJ, according to the 11th Circuit.

The Friday brief referred to Cannon’s decision in the matter as “unusual” and stated that “The Court should now reject the order in its entirety for many separate reasons.”

Additionally, Cannon made a mistake by ordering a special master review for claims of executive and attorney-client privilege and, in the interim, prohibiting the government from using the records that had been seized. The brief stated that the plaintiff lacked any foundation for claiming executive privilege to bar inspection of Executive Branch records by “the very Executive Branch in whose behalf the privilege is sought.”

The Justice Department added that neither the former president’s team nor Trump has offered any proof that the records were wrongfully taken or that he has any need for their restoration.

“The uncontested record reveals that the search was carried out in full compliance with a judicially granted warrant, and that Plaintiff’s rights were not violated—much less treated with “callous contempt”.” The petition stated that the plaintiff had fallen short of his burden to prove either a need for the papers that had been seized—many of which were not even his—or that their removal would cause irreparable harm.

On November 10, Trump’s legal team is expected to submit its answer to the case.

Trump had appealed a portion of the earlier decision by the 11th Circuit, but the U.S. Supreme Court declined to take his case on Thursday. The more than 100 secret documents that were removed from Mar-a-Lago were to be reviewed by the special master, federal Judge Raymond Dearie, according to requests made by Trump’s team.

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