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Trump Asks Supreme Court to Intervene in Mar-a-Lago Special Master Dispute
By Staff, Agencies
Former US President Donald Trump on Tuesday asked the US supreme court to partially reverse an appellate court decision that prevented the special master, reviewing for privilege protections materials seized by the FBI from his Mar-a-Lago resort in August, from examining 100 documents with classification markings.
The motion to vacate 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
In the emergency request, Trump’s lawyers argued that the appellate court lacked jurisdiction to overrule the trial judge and decide that the justice department should regain access to the 100 documents and that the special master should be prohibited from examining them in the review.
The technical motion contended that although the 11th circuit was not wrong to allow the justice department to regain access to the 100 documents for its criminal investigation, it lacked jurisdiction to curtail the special master process.
The motion hinged on the doctrine of “pendent appellate jurisdiction”, which generally disfavors appeals for non-final, or interlocutory, decisions: it should not have intervened in the scope of the special master review since the trial judge’s order was procedural and not an injunction.
“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.”
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