Trump responds to DOJ request to lift preliminary injunction barring use of seized document in criminal probe News
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Trump responds to DOJ request to lift preliminary injunction barring use of seized document in criminal probe

Former President Donald Trump’s legal team Monday filed a response to the Department of Justice’s (DOJ) most recent court filing asking a judge to lift the preliminary injunction barring the use of documents seized from Trump’s Mar-a-Lago, Florida, residence in the DOJ’s criminal probe. Trump’s team asked the judge to leave the preliminary injunction in place.

In their motion, the DOJ argued that the barred use of the documents in the DOJ’s criminal probe would result in “the most immediate and serious harms to the government and the public.” Trump’s team argued that the classified documents were never “disclosed to anyone” and were kept in storage boxes in a locked, secure room which was regularly used to “conduct the official business of the United States during the Trump Presidency.” Trump’s team also repeated their argument, which experts doubt, that the president of the US is afforded great discretion to declassify documents. It is Trump’s position that the documents the DOJ has yet to show that the documents are in fact classified.

Another issue disputed between the DOJ and Trump’s filings was the appointment of a special master to oversee the seized documents. On September 5, District Judge Aileen Cannon ordered the appointment of a special master “to review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property.”

The DOJ has asserted that even if Trump’s team demonstrated Trump rightfully possessed some of the seized documents, they are unable to make the same showing with respect to the classified documents. As such, the documents should not be subject to special master review. Trump’s team disputes that and argues that both Trump and the special master have a right to access the classified documents.