The Friday night filing asks a higher court to intercede against parts of the decision to appoint a special master to review documents seized from Trump’s club.
The appeals court filing comes a day after U.S. District Court Judge Aileen M. Cannon appointed another federal judge, Raymond J. Dearie, to serve as special master and review the almost 11,000 documents seized in the FBI’s Aug. 8 search.
It’s unclear how long the special master review, or the appeals, might take, but the new filing asks the appeals court to rule on their request for a stay “as soon as practicable.” The Justice Department had asked in a previous court filing for the review to be completed by Oct. 17. And Trump’s lawyers had said a special master would need 90 days to complete a review.
Trump “has no claim for the return of those records, which belong to the government and were seized in a court-authorized search. The records are not subject to any possible claim of personal attorney-client privilege,” prosecutors wrote, adding that Trump has cited no legal authority “suggesting that a former President could successfully invoke executive privilege to prevent the Executive Branch from reviewing its own records.
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