An appeals court has granted the Department of Justice investigators access to secret papers taken from Trump's Mar-a-Lago estate.

An appeals court has granted the Department of Justice investigators access to secret papers taken from Trump's Mar-a-Lago estate.

WASHINGTON — A federal appeals court lifted a ban on the Justice Department scrutinizing secret materials seized at Donald Trump's Florida residence, enabling agents to start analyzing the information for potential criminal charges.

The 11th U.S. Circuit Court of Appeals found no personal interest for Trump in confidential materials and no proof in the record that he declassified them as president, as he has stated on social media.

"In any case, at least for these reasons," the panel ruled, "the declassification argument is a red herring since declassifying an official document would not modify its substance or render it personal."

An appeals court has granted the Department of Justice investigators access to secret papers taken from Trump's Mar-a-Lago estate.
This picture, which appeared in a court filing by the Department of Justice on August 30, 2022, and was partially redacted by the FBI, depicts a photo of papers taken during the FBI's Aug. 8 search of former President Donald Trump's Mar-a-Lago home in Florida. The Justice Department claims it has detected attempts to hinder its investigation into the discovery of secret documents at former President Donald Trump's Florida residence. Department Of Justice Via AP

A special master is reviewing the data for possible personal files or those falling under attorney-client privilege, and U.S. District Judge Aileen Cannon has temporarily barred federal agents from inspecting 11,000 pages.

Part of her judgment was challenged by the Justice Department, which said that investigators needed to continue analyzing around 100 secret papers discovered at Mar-a-Lago.

Appeals Judges Robin Rosenbaum, Britt Grant, and Andrew Brasher concluded on Wednesday that the government is entitled to a stay of Cannon's limits while the issue is being contested. The justices made it clear that they were not judging on the merits of the case, but rather on Cannon's interim restriction while a special master reviewed the documents.

The judges stated that the US maintained that the district court erred in exercising its authority to bar the US from using the marked secret records in its criminal investigation and to order the US to submit the marked classified documents to a special master for review. "We concur,"

Cannon, Grant, and Brasher were all appointed by Trump. Former federal prosecutor Andrew Weisman, who assisted special counsel Robert Mueller's investigation into Russian meddling in the 2016 presidential election, applauded the judgment, writing on Twitter, "the rule of law is back." On Twitter, Weissmann joked that the 11th Circuit produces cannon fodder.

An appeals court has granted the Department of Justice investigators access to secret papers taken from Trump's Mar-a-Lago estate.
The search warrant for Mar-a-Lago reveals that Trump is being investigated for espionage. (Image Credit : USATODAY)

The three-judge panel said it couldn't fathom why President Trump may have a claim to the disputed documents. "We cannot see why plaintiff has a personal interest or need for any of the hundred classified papers," the court decided. Documents that have been classified are labeled as such. As a result, a person may have access to classified information only if, among other things, he has a need-to-know.

"Plaintiff has not even made an effort to establish that he needs to be aware of the material in the secret documents, "Judges were said. "Furthermore, he hasn't proven that the present government has waived the need for those documents to meet that requirement.

The justices observed that Trump claims he declassified the records as president, but there is no proof of this in the record.

Trump said he can declassify documents just by 'thinking about it.'

On Wednesday, Sean Hannity, the host of Fox News' Hannity, spoke with Trump about his declassification initiative. The former president told Hannity, "As far as I understand it, there doesn't need to be a protocol." You hold the office of president of the USA. You may declassify anything by declaring it to be such or by giving it some thought when you transmit it to Mar-a-Lago or another location. And no program is needed. 

A procedure is not required, although it is possible. You have the power. You decide on this. At a hearing before the special master, U.S. District Judge Raymond Dearie, on Tuesday, Trump's lawyers did not provide any proof that he had given any of the materials.

The appeals panel said it could not determine that the delay would cause "irreparable harm" to Trump. The court determined that Trump's attorneys had not invoked attorney-client privilege over any of the sensitive materials. 

The court determined that the fact that Trump feared "potential damage" from future prosecution connected to the misuse of the materials was not sufficient. "There is no question that the prospect of prosecution can take a heavy toll on the psyche of someone under investigation." The panel said. "However, without reducing the severity of the charge," the court noted that any potential defendant can make such an argument.

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