Trump Fires Back Against DOJ Appeal in Mar-a-Lago Raid Case

Trump Fires Back Against DOJ Appeal in Mar-a-Lago Raid Case
Former U.S. President Donald Trump arrives at Trump Tower the day after FBI agents raided his Mar-a-Lago Palm Beach home, in New York on Aug. 9, 2022. (David 'Dee' Delgado/Reuters)
Jack Phillips
10/3/2022
Updated:
10/4/2022
0:00

Former President Donald Trump’s lawyers moved to oppose the Department of Justice’s recent bid to speed up its court appeal of the appointment of a special master to review the slew of documents the FBI took in August when it raided Trump’s Mar-a-Lago home.

“President Trump also opposes the Government’s request to expedite oral argument in this case," Trump attorneys Christopher Kise and Jim Trusty wrote in an Oct. 3 filing (pdf), adding that they want oral arguments set for January 2023 “or later.”

“Trump disagrees with and objects to the Government’s distorted and argumentative presentation of facts concerning the unprecedented raid of his home, its conduct in these proceedings, and the procedural history of this case.

“Finally, the extraordinary circumstances herein presented—an investigation of the 45th President by the administration of his political rival—would countenance against any rush to judgment. Indeed, the public interest is served best by transparent and thorough consideration of all the issues.

“The Government has not and cannot possibly articulate any real risk of loss or harm resulting from a more deliberative process.”

Previous Filings

Several days before, the Justice Department (DOJ) requested an expedited order in its appeal of the decision to name a special master. District Judge Aileen Cannon appointed Judge Raymond Dearie to be the special master of the records that were taken from Trump’s Florida home.
An aerial view of former U.S. President Donald Trump's Mar-a-Lago home after FBI agents raided it, in Palm Beach, Fla., on Aug. 15, 2022. (Marco Bello/Reuters)
An aerial view of former U.S. President Donald Trump's Mar-a-Lago home after FBI agents raided it, in Palm Beach, Fla., on Aug. 15, 2022. (Marco Bello/Reuters)
Lawyers for the DOJ on Sept. 30 wrote to the Atlanta-based 11th Circuit Court of Appeals that the government is blocked from accessing more than 11,000 documents that weren’t marked classified during the August FBI raid. Because the DOJ can’t access those records, its investigation is now hampered, the attorneys further said.

The non-classified records “may shed light on, for example, how the materials bearing classification markings were transferred to [Trump’s] residence, how they were stored, and who may have accessed them,” the DOJ wrote, adding that the non-classified records may constitute evidence of potential violations of federal statutes on obstruction and concealment or removal of government records.

Last month, the appeals court sided with the DOJ in lifting portions of Cannon’s ruling that had blocked the department from relying on classified materials taken during the raid as part of its Trump investigation. The 11th Circuit also blocked Dearie from accessing classified materials as part of his review.

Trump, on social media, has maintained that he declassified a range of materials while he was president. Among other items, the FBI also took medical records, passports, and tax documents, the former president has contended.

Mimi Nguyen-Ly contributed to this report.
Jack Phillips is a breaking news reporter with 15 years experience who started as a local New York City reporter. Having joined The Epoch Times' news team in 2009, Jack was born and raised near Modesto in California's Central Valley. Follow him on X: https://twitter.com/jackphillips5
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