Many have noted irregularities in how the Justice Department has handled the Aug. 8 raid on former President Trump’s Mar-a-Lago home in Palm Beach, Florida. These include:
- The warrant justifying the raid was signed by a judge who previously recused himself from a case involving Trump.
- The raid was authorized by Attorney General Merrick Garland, though President Joe Biden maintains he knew nothing about the raid and only learned of it via social media posts.
- Trump maintains the raid took place as he was cooperating with the FBI and the National Records office.
- Though warrants of this type are generally very specific, this warrant allowed FBI agents to search and seize at will.
On Thursday, Jenna Ellis, an attorney and former legal adviser to Trump, asserted that the 11th Circuit Court of Appeals’ decision to allow the FBI access to over 100 disputed documents is also unusual as it remands responsibility assigned to the special master back to the FBI.
Ellis questioned the three-panel 11th Circuit Court of Appeals’ decision to allow the DOJ to continue their review of seized documents and items before the special master completes his review and to infer that the special master will not be reviewing all documents in question.
“The emergency intervention upends a trial judge’s order over those documents that had blocked federal investigators’ work on the documents, and is a strong rebuke of the Trump team’s attempt to suggest without evidence that materials were somehow declassified.
Trump’s options to block the criminal investigation are now dimming with one of his only remaining possibilities being an emergency request to the Supreme Court.”
“…A special master’s review of that subset of about 100 records, which would’ve allowed Trump’s legal team to see them, is now partially stopped. The special master, Judge Raymond Dearie, is able to continue his work reviewing the rest of the material seized from Mar-a-Lago, to make sure records belonging to Trump or that he may be able to claim are confidential aren’t used by investigators.”
The 11th Circuit’s ruling stated:
“It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in ‘exceptionally grave damage to the national security.’
“Ascertaining that necessarily involves reviewing the documents, determining who had access to them and when, and deciding which (if any) sources or methods are compromised.”
The ruling continued: “For our part, we cannot discern why the Plaintiff would have an individual interest in or need for any of the one hundred documents with classification markings.”
Ellis considers the 11th Circuit’s decision a serious breach of standard protocol. She tweeted:
“Huge revelation from the 11th Circuit’s opinion tonight: FBI seized over 1800 ‘other items’ that were not documents. Yet the DOJ maintains that Trump has no ‘possessory interest’ or 4th Amendment claim here?”
Ellis took exception to the 11th Circuit Court’s giving a green light for some of the materials seized to be shielded from Trump’s attorneys and will not be reviewed by the special master.
James Trusty, one of the attorneys representing Trump in this matter, agrees with Ellis and said to Judge Dearie during the hearing: “I believe we have a need to know, absolutely.”
The Epoch Times reported:
“The U.S. government says it took 103 documents marked classified from Mar-a-Lago in August, along with over 11,000 non-classified documents. The government is trying to shield the documents from Trump’s lawyers and Dearie, while Trump’s team says it wants to see the papers.”
Scroll down to leave a comment and share your thoughts.