Why it matters: Tuesday’s emergency request by Trump’s legal team marks an escalation in the Mar-a-Lago classified documents probe.
The latest: Justice Clarence Thomas, who is assigned to oversee emergency requests in the 11th Circuit, requested the DOJ responds to Trump’s petition by 5 pm ET on Oct. 11.
Driving the news: Trump’s legal team in the filing asks that the special master be allowed to review the roughly 100 documents marked as classified that were found at Mar-a-Lago during the August search.
- The former president’s legal team argues that the 11th Circuit lacked the judicial authority to stay the special master order “authorizing the review of seized documents bearing classification markings.”
- “The eleventh circuit granted a stay of the special master order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” per the filing.
- “This unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the special master.”
The big picture: The filing comes after an appeals court panel sided with the DOJ last month and said that it could continue its review of the classified documents as part of its criminal investigation into Trump.
Worth noting: Thomas has faced calls to refuse himself from cases involving Trump and the investigation of the Capitol insurrection given his wife, Ginni Thomas,’ active involvement in attempting to overturn the election and keep the former president in power.
Editor’s note: This is a developing story. Please check back for updates.