Appeals court sides with DOJ, overrules judge, allows full access to docs seized during Mar-a-Lago raid

A federal appeals court has sided with the Biden Justice Department by authorizing the government to continue its criminal investigation against former President Donald. J. Trump by allowing it to regain access to documents seized by the FBI during the storming of Mar-a-Lago last month.

On Wednesday, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit in Atlanta overruled federal Judge Aileen Cannon who blocked the feds from using around 100 documents that were marked as classified when she approved the appointment of a special master to review the material confiscated from Trump’s residence.

“For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings,” the panel wrote in its 29-page ruling. They are “owned by, produced by or for, or . . . under the control of the United States Government.”

“Plaintiff has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why Plaintiff has an individual interest in the classified documents,” the ruling reads.

Appeals Court Judges Britt Grant and Andrew Brasher are Trump nominees while Judge Robin Rosenbaum was nominated by Barack Obama.

CNN justice correspondent Jessica Schneider appeared on Wednesday’s edition of “AC360” with anchor Anderson Cooper to discuss the breaking news.

(Video: CNN)

“This is exactly what the Justice Department has been fighting for for weeks. They tried to get this result in the district court from Judge Aileen Cannon, they didn’t get it, now they’ve had a victory at the 11th Circuit. Notably, this is from a unanimous panel of three judges, two of them Trump appointees, one Obama appointee,” she gleefully said. “And what the 11th Circuit is saying tonight the Justice Department can go back to using the classified documents they had been restricted from using in their ongoing criminal probe into these classified documents that were seized from Mar-a-Lago last month.”

“And the appeals court is saying here, they’re really agreeing with the Justice Department, saying that yes, in fact, national security could be harmed if the Justice Department can’t continue its probe here,” she added. “They said that you know, the DOJ has argued that its criminal investigation and the national security assessment is inextricably linked, the appeals court saying yes, in fact, they’re saying if we don’t let the DOJ continue to use these classified documents there would be real and significant harm on the United States and the public…”

The court’s ruling capped off a rough day for the former POTUS who was also sued by the office of New York Attorney General Letitia James who filed a $250 million civil lawsuit against Trump and his children in a brazen, politically motivated move that will keep his name in the headlines weeks before the critical midterm elections.

Hardcore Trump haters rejoiced on Twitter as the walls closed in for the umpteenth time.

There is no word yet on whether Trump’s legal team plans to appeal the ruling.

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Chris Donaldson

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