Federal appeals court prepares to hear arguments in Mar-a-Lago documents dispute

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Federal appeals court prepares to hear arguments in Mar-a-Lago documents dispute
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The judges assigned to hear arguments are Chief Judge William Pryor, Judge Britt Grant and Judge Andrew Brasher.

A federal appeals court in Atlanta is poised to hear arguments Tuesday in the dispute between the Justice Department and former President Donald Trump over the former president's handling of sensitive records he brought to his South Florida residence from the White House at the end of his presidency.

Federal prosecutors have asked the 11th Circuit to end the review by the special master and lift an injunction from the judge, Aileen Cannon, that barred the government from using the seized documents for investigative purposes. Despite prosecutors taking the unusual step of urging the court to make much of the warrant record public in redacted form, Trump's legal team said it need access to the unredacted affidavit to"vindicate" his constitutional rights. U.S.

In their own brief to the 11th Circuit, Trump's attorneys argued Cannon's order appointing a special master is not appealable, and that Trump deemed the records he brought to Mar-a-Lago as"personal" while he was still in office, a designation allowed under the Presidential Records Act. Under that law, a president'sare purely private or nonpublic and are unrelated to the ceremonial or official duties of the presidency.

But prosecutors have remained opposed to Trump's reading of the law, writing in part that he cannot assert executive privilege to preclude review of executive branch documents by the executive branch itself. Even if the documents were personal in nature, the Justice Department contends, they would still be subject to a court-authorized search warrant like the one executed at Mar-a-Lago.

to oversee two Justice Department investigations involving Trump: the probe into his handling of sensitive government records at Mar-a-Lago, as well as alleged efforts to obstruct that investigation, and alleged efforts to unlawfully interfere with the transfer of power after the 2020 presidential election or the counting of Electoral College votes on Jan. 6, 2021.

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